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LAWS
OF THE
STATE of DELAWARE
PASSED AT THE
ONE HUNDREDTH SESSION
Of The GENERAL ASSEMBLY
COMMENCED AND HELD AT DOVER
On Tuesday, January 6th, A. D. 1925
AND
IN THE YEAR OF THE INDEPENDENCE OF THE UNITED
STATES THE ONE HUNDREDTH AND FORTY- NINTH
VOLUME XXXIV
PRESS OF
THE INDEX PUBLISHING CO.
DOVER, DELAWARE

LAWS
OF THE
STATE of DELAWARE
PASSED AT THE
ONE HUNDREDTH SESSION
Of The GENERAL ASSEMBLY
COMMENCED AND HELD AT DOVER
On Tuesday,January 6th,A.D.1925
AND
IN THE YEAR OF THE INDEPENDENCE OF THE UNITED
STATES THE ONE HUNDREDTH AND FORTY-NINTH
VOLUME XXXIV
PRESS OF
THE INDEX PUBLISHING CO.
DOVER, DELAWARE
LAWS of DELAWARE
TITLE ONE
Construction of Statutes
CHAPTER 1
AMENDMENT TO CONSTITUTION
AN ACT agreeing to the proposed amendment to Article 5 of the Consti-tution
of the State of Delaware relating to the Registration of Vot-ers.
WHEREAS, an Amendment to the Constitution of the State
of Delaware was proposed in the Senate in the Ninety-ninth
Session of the General Assembly as follows:
AN ACT proposing an Amendment to Article 5 of the Con-stitution
of the State of Delaware, relating to the Registration
of Voters.
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met (two-thirds of
all the members elected to each House agreeing thereto):
Section 1. That Article 5 of the Constitution of the State
of Delaware be amended by striking out all of Section 4 of said
Article, and by inserting in lieu thereof a new Section 4, in the
following language, viz :
"Section 4. The General Assembly shall enact uniform laws
for the registration of voters in this State entitled to vote under
this Article, which registration shall be conclusive evidence to
3
4 LAWS OF DELAWARE
AMENDMENT TO CONSTITUTION
the election officers of the right of every person so registered
to vote at any General Election while his or her name shall re-main
on the list of registered voters, and who is not at the time
disqualified under the provisions of Section 3 of this Article;
and no-person shall vote at such General Election whose name
does not at that time appear in said list of registered voters.
"There shall be at least two registration days in a period
commencing not more than one hundred and twenty days, nor
less than sixty days before, and ending not more than twenty
days, nor less than ten days before, each General Election, on
which registration days persons whose names are not on the
list of registered voters established by law for such election,
may apply for registration, and on which registration days ap-plications
may be made to strike from the said registration list
names of persons on said list who are not eligible to vote at such
election ; provided, however, that such registration may be cor-rected
as hereinafter provided at any time prior to the day of
holding the election.
"From the decision of the registration officers granting or
refusing registration, or striking or refusing to strike a name
or names from the registration list, any person interested, or
any registration officer, may appeal to the resident Associate
Judge of the County, or in case of his disability or absence from
the County, to any Judge entitled to sit in the Supreme Court,
whose determination shall be final ; and he shall have power to
order any name improperly omitted from the said registry to
be placed thereon, and any name improperly appearing on the
said registry to be stricken therefrom, and any name appearing
on the said registry, in any manner incorrect, to be corrected,
and to make and enforce all necessary orders in the premises
for the correction of the said registry. Registration shall be a
pre-requisite for voting only at general elections, at which Rep-resentatives
to the General Assembly shall be chosen, unless the
General Assembly shall otherwise provide by law.
"The existing laws in reference to the registration of voters,
so far as consistent with the provisions of this Article, shall con-
LAWS OF DELAWARE 5
AMENDMENT TO CONSTITUTION
tinue in force until the General Assembly shall otherwise pro-vide."
AND WHEREAS, the said proposed Amendment was agreed
to by two-thirds of all the members elected to each House in
the said Ninety-ninth Session of the General Assembly ;
AND WHEREAS, the said proposed Amendment was publish-ed
by the Secretary of State three months before the then next
General Election, to-wit, the General Election of 1924, in three
newspapers in each County in the State of Delaware ; Now there-fore,
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met (two-thirds of
all the members elected to each House of the General Assembly
agreeing thereto):
Section 1. That the said proposed amendment be and it is
hereby agreed to and adopted and that the same shall forthwith
become and be a part of the Constitution.
Approved March 2, A. D. 1925.
TITLE TWO
Jurisdiction and Property of the State
CHAPTER 2
JURISDICTION, LIMITS AND SOVEREIGNTY
AN ACT to cede to the United States certain lands under water in the
Delaware River, for the purpose of aiding in the improvement of said
river.
WHEREAS, the Federal Government is engaged in dredging
and otherwise improving the bed of the Delaware River under
authority of Congress, and in the course of such improvement
it has been found necessary for the Federal Government to en-ter
the area under water hereinafter described, adjoining the
New Jersey shore of the Delaware River adjacent to and im-mediately
south of Bulkhead Bar Dike, for the purpose of con-structing
a basin for the reception of material dredged from the
channel of the Delaware River ; and,
WHEREAS, the Federal Government has undertaken the con-struction
of a stone and timber bulkhead to impound the area
in question; and,
WHEREAS, when filled, this submerged area will form solid
land above high water connected to marsh land to which the
Federal Government has acquired title; and,
WHREEAS, it is of importance to enjoy possession and con-trol
of the submerged area thus reclaimed, the Government of
the United States desires to acquire title to that portion of the
bottom of the Delaware River on which the aforesaid land is to
be constructed; therefore,
Be it enacted by the Senate and House of Representatives of
the State of Delaware:
6
LAWS OF DELAWARE
JURISDICTION, LIMITS AND SOVEREIGNTY
1. That all the right, title, interest, and property of this
State in and to such portion of certain submerged land in the
Delaware River adjoining the New Jersey shore of the Delaware
River adjacent to and immediately south of Bulkhead Bar Dike
as is now embraced within the boundaries of this State, the lo-cation
of which area with reference to United States Engineer
Department triangulation of the said river is more particularly
described as follows:
Beginning at triangulation station Dike's End, which is an
iron bolt set in concrete on the northeast side of the post light
at the outer end of Bulkhead Bar Dike; thence South three de-grees
sixteen minutes thirty-six seconds East (S 3° 16' 36" t),
two thousand and two and forty-one hundredths (2,002.41) feet
to a point A; thence South twenty-one degrees thirty-seven
minutes fifty-one seconds East (S 21° 37' 51" E) four thousand
and fifty-five and six-tenths (4,055.6) feet to a point B; thence
South thirty degrees fifty-one minutes ten seconds East (S 300
51' 10" E) two thousand two hundred and thirteen and two-tenths
(2,213.2) feet to a point C; thence South fifty-four de-grees
twenty-six minutes forty seconds East (S 54° 26' 40" E)
two thousand five hundred and eight and four-tenths (2,508.4)
feet to a point D, which is a point on the upstream outer corner
of the wharf at Fort Mott, New Jersey ; thence North forty-nine
degrees thirty-three minutes two seconds East (N 49° 33' 2" E)
five hundred and fifty-six and one-tenth (556.1) feet to a point
E, which is a point on the concrete sea wall at the shoreward
end and on the upstream side of the said wharf at Fort Mott,
New Jersey ; thence in a general northerly direction a distance
of ten thousand five hundred (10,500) feet more or less along
the present high water line to a point F, which is a point on the
high water line at the shoreward end of Bulkhead Bar Dike on
a one degree two minute twenty-two second (1° 2' 22") curve;
thence along said curve a distance covered by a central angle of
forty degrees twenty-eight minutes fifty-two seconds (40° 28'
52") to the point of beginning ; the bearing and length of the
chord from F to station Dike's End, the point of beginning, be-ing
South seventy-one degrees thirty-nine minutes twenty-four
seconds West (S 71° 39' 24" W), three thousand eight hundred
LAWS OF DELAWARE
JURISDICTION, LIMITS AND SOVEREIGNTY
and twenty-seven and eight-tenths (3,827.8) feet ; this tract of
submerged land covering an area of six hundred and five (605)
acres, more or fess ; shall be, and hereby are ceded to and vested
in the United States of America as fully, absolutely, and to the
same extent as this State now holds and is entitled to the same,
together with the jurisdiction thereof.
The sovereignty and jurisdiction of this State over the
land herein conveyed, to such extent as existing at the present
time, is hereby retained so far as that all civil and criminal pro-cess
issued under authority of any law of this State may be exe-cuted
in any part of the premises so conveyed.
This act shall take effect immediately.
Approved April 14, A. D. 1925.
LAWS OF DELAWARE 9
CHAPTER 3
JURISDICTION, LIMITS AND SOVEREIGNTY
AN ACT to authorize the Governor and Secretary of State of the State
of Delaware to convey to the United States of America certain lands
belonging to the State of Delaware.
WHEREAS, for the improvement of the grounds of the Uni-versity
of Delaware, at Newark, Delaware, it is deemed advisable
to widen South College Avenue of Newark, on the Easterly side
of said Avenue, from the Southerly side of Main Street to the
Northerly side of Delaware Avenue ; and
WHEREAS, the United States of America now owns a cer-tain
lot, piece or parcel of land, bounded on the West by said
South College Avenue, on the South by said Delaware Avenue,
and on the North and East by lands of the State of Delaware.
Now therefore,
Be it enacted by the Senate and House nf Representatives of
the State of Delaware in General Assembly met (three-fourths of
all members elected to each branch concurring therein):
Section 1. That the Governor and the Secretary of State of
the State of Delaware are hereby authorized, empowered and di-rected
to execute and deliver, in the name of and under the Great
Seal of the State of Delaware, a deed conveying to the United
States of America, and its Assigns, a strip or piece of land on
the East side of said lot, piece or parcel of land now owned by
the United States of America, referred to in the preamble to
this Act, equal in width to the amount of land taken on the West
side of said lot, piece or parcel of land, belonging to the United
States of America, for the purpose of widening said South Col-lege
Avenue of Newark.
Section 2. The Governor and Secretary of State of the
State of Delaware are hereby further authorized, empowered
and directed to do all and every other thing, and to sign, execute
and deliver any other deed, agreement or paper necessary to
make a valid conveyance from the State of Delaware to the
United States of America, of said strip or piece of land, equal
10 LAWS OF DELAWARE
JURISDICTION, LIMITS AND SOVEREIGNTY
in width to the strip or piece of land taken and used for the pur-pose
of widening South College Avenue, as aforesaid.
Approved March 25, A. D. 1925.
LAWS OF DELAWARE 11
CHAPTER 4
JURISDICTION, LIMITS AND SOVEREIGNTY
AN ACT authorizing the Governor and the Secretary of State of the State
of Delaware to convey to the United States of America certain lands
in the Town of Newark, Delaware, now belonging to the State of Dela-ware.
WHEREAS, the United States of America now owns a certain
lot, piece or parcel of land, in the Town of Newark, Delaware,
bounded on the West by South College Avenue, on the South by
Delaware Avenue, and on the East and North by lands of the
State of Delaware ; and
WHEREAS, said lot, piece or parcel of land was purchased by
and is held by the United States of America for the purpose of
erecting thereon a Postoffice building; and
WHEREAS, negotations are pending between the United
States of America and the Trustees of the University of Dela-ware
for the change of said Postoffice site to another location
on lands of the State of Delaware, fronting on Delaware Avenue
of Newark. Now therefore,
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met (three-fourths of
all the members elected to each branch thereof concurring
therein):
Section 1. That the Governor and Secretary of State of the
State of Delaware, and the Trustees of the University of Dela-ware
are hereby authorized and empowered to enter into and
make any agreement with the United States of America which
the said Governor and Secretary of State of the State of Dela-ware
and the Trustees of the University of Delaware may deter-mine
to be advisable and proper for the exchange of any land
now owned by the State of Delaware, fronting on Delaware
Avenue of Newark, Delaware, for the lot, piece or parcel of land
now owned by the United States of America, referred to in the
preamble of this Act ; and the Governor and the Secretary of
State of the State of Delaware are hereby further authorized,
empowered and directed to execute, in the name of and under
12 LAWS OF DELAVVARE
JURISDICTION, LIMITS AND SOVEREIGNTY
the Great Seal of the State of Delaware, a deed conveying to the
United States of America, and its assigns, any lot, piece or par-cel
of land belonging to the State of Delaware, and fronting on
Delaware Avenue, as aforesaid, which the said the Governor and
the Secretary of State of the State of Delaware, and the Trustees
of the University of Delaware may agree with the said the
United States of America to exchange for said lot, piece or par-cel
of land now belonging to the United States of America.
The deed from the United States of America for the land to
1,e conveyed by it in exchange for said lot, to be to, and in the
name of the State of Delaware.
Approved March 25, A. D. 1925.
LAWS OF DELAWARE 13
CHAPTER 5
JURISDICTION, LIMITS AND SOVEREIGNTY
AN ACT to authorize the Governor and the Secretary of State of the State
of Delaware to convey certain lands belonging to the State of Dela-ware.
WHEREAS, it is deemed advisable for the future development
of the University of Delaware, that the State of Delaware ac-quire
a certain lot, piece or parcel of land, situate in White Clay
Creek Hundred, New Castle County and State of Delaware, ad-joining
other lands belonging to the State of Delaware, and now
owned by Wilmer E. Renshaw and Ada A. Renshaw, and more
particularly bounded and described as follows, to-wit:
Beginning at a point in the Southerly line of lands conveyed
by William J. Lovett and Matilda E. Lovett, his wife, to Wilmer
E. Renshaw, by Indenture bearing date the Ninth day of June,
A. D. 1923, and recorded in the office for the Recording of Deeds
&c., in and for New Castle County and State of Delaware, at
Wilmington, in Deed Record B, Vol. 32, page 5, &c., said point
being two hundred and fifty-three feet and eighty one-hun-dredths
of a foot Westerly from the point of intersection of the
said Southerly lines of lands of Wilmer E. Renshaw and the
centre line of Academy Street of Newark, Delaware, extended,
and being in line of other lands of the State of Delaware ; thence
by and with said line of lands of Wilmer E. Renshaw, and line
of other lands of the State of Delaware, North eighty-five de-grees
forty-eight minutes West, to another point in said lands
of the State of Delaware ; thence still thereby North four de-grees
twelve minutes East sixty feet to a point in line of lands
now or late of Albert L. Lewis ; thence thereby South eighty-five
degrees forty-eight minutes East, one hundred and seventy feet
to another point in the Northerly line of said lands of Wilmer E.
Renshaw; thence thereby South four degrees twelve minutes
West, sixty feet to the first mentioned point and place of Begin-ning.
Be the contents thereof what they may.
WHEREAS, the said Wilmer E. Renshaw and Ada A. Ren-shaw,
his wife, have agreed with the Trustees of the University
of Delaware to convey to the State of Delaware said lot, piece or
14 LAWS OF DELAWARE
JURISDICTION, LIMITS AND SOVEREIGNTY
parcel of land above described, in consideration of the convey-ance
to Wilmer E. Renshaw, by the State of Delaware, of the
lot, piece or parcel of land, fronting on Academy Street of New-ark,
Delaware, extended, belonging to the State of Delaware,
and hereinafter more particularly described. Now therefore,
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met (three-fourths of
all the members elected to each branch concurring therein):
Section 1. That, upon the execution and delivery by Wil-mer
E. Renshaw and Ada A. Renshaw, his wife, of a deed con-veying
to the State of Delaware, and its Assigns, all the lot, piece
or parcel of land in the preamble of this Act more particularly
described, the Governor and the Secretary of State of the State
of Delaware are hereby authorized, empowered and directed to
execute and deliver, in the name of and under the Great Seal of
the State of Delaware, a deed conveying to the said Wilmer E.
Renshaw, his Heirs and Assigns, forever, all that certain lot,
piece or parcel of land, situate on the Westerly side of Academy
Street of Newark, extended, in White Clay Creek Hundred, New
Castle County and State of Delaware, more particularly bounded
and described as follows, to-wit:
Beginning at a point in the centre of said Academy Street
of Newark, extended, said point being in the Southerly line of
lands conveyed by William J. Lovett and Matilda E. Lovett, his
wife, to Wilmer E. Renshaw, by Indenture bearing date the
Ninth day of May, A. D. 1923, and recorded in the office for the
Recording of Deeds, &c., in and for New Castle County and
State of Delaware, at Wilmington, in Deed Record B. Vol. 32,
page 5; thence by and with said centre line of Academy Street
of Newark, extended, South four degrees twelve minutes West,
forty-five feet to a point in line of other lands of the State of
Delaware; thence thereby North eighty-five degrees forty-eight
minutes West one hundred and ninety feet to another point in
line of said lands of the State of Delaware; thence still thereby
North four degrees twelve minutes East, forty-five feet to an-other
point in said Southerly line of lands now or late of Wilmer
E. Renshaw; thence thereby South eighty-five degrees forty-
LAWS OF DELAWARE 15
JURISDICTION, LIMITS AND SOVEREIGNTY
eight minutes East, one hundred and ninety feet to the first
mentioned point and place of Beginning. Be the contents what
they may.
Approved March 25, A. D. 1925.
16 LAWS OF DELAWARE
CHAPTER 6
INDIAN RIVER INLET
AN ACT creating a commission to open an inlet from the Atlantic Ocean
to Indian River and appropriating Thirty Thousand Dollars for the
use of said commision.
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met:
Section 1. That there is hereby created and established a
Commission consisting of T. Coleman duPont of New Castle
County ; Isaac W. Betts and Frederick A. Townsend of Kent
County and Elisha A. Steele and R. D. Lingo of Sussex County
to be known as the Commission for opening Indian River Inlet.
Section 2. That the said Commission shall organize by
electing a Chairman and a Secretary. That the Acts of three of
said Members shall be the act of said Commission.
Section 3. That the said Commission shall, as soon as is
practicable, after the passage of this Act, make such contracts
and arrangements, under the supervision of the Department of
Engineering of the United States Government for the district
including Delaware, and employ all such means and assistants
as, in the discretion of the Commission, and the said Department
of Engineering may be necessary for the opening of an inlet
from the Atlantic Ocean to Indian River, at some point to be
chosen by the said Commission with the approval of the Depart-ment
of Engineering aforesaid.
Section 4. That the Commission is hereby authorized to
solicit and to receive funds either from private individuals or
from the federal government or otherwise to be added to such
fund as is herein appropriated for the purpose of assisting in
the opening of the inlet as aforesaid.
Section 5. That the inlet aforesaid shall be dug or other-wise
opened according to plans and specifications or recommen-dations
as furnished by the Engineering Department of the
United States Government for the district including Delaware.
Section 6. That the sum of Thirty Thousand Dollars ($30,-
LAWS OF DELAWARE 17
INDIAN RIVER INLET
000.00) is hereby appropriated out of the treasury of the State
of Delaware from funds not otherwise appropriated to pay such
expenses as the said Commission shall incur in the carrying out
of the provisions of this Act; and that the State Treasurer shall
pay such warrants as are signed by the Chairman and Secretary
of said Commission, as shall not exceed in the aggregate the
sum of Thirty Thousand Dollars ($30,000.00), providing always
that any moneys not expended by the said Commission shall re-vert
to the general fund; and provided further, that none of the
said sum of Thirty Thousand Dollars ($30,000.00) shall be ex-pended
unless the said Commission is able to raise either by
private subscriptions, federal aid or otherwise, such a sum of
money as added to the Thirty Thousand Dollars ($30,000.00)
will amount to the sum estimated as the probable cost of open-ing
the inlet as aforesaid, by the Engineering Department of
the United States Government for the district including Dela-ware.
Approved April 14, A. D. 1925.
18 LAWS OF DELAWARE
CHAPTER 7
REHOBOTH BEACH JETTIES
AN ACT creating a commission and appropriating Twenty-five Thousand
Dollars ($25,000.00) for the purpose of repairnig the existing Jetty
and erecting additional Groins or Jetties at Rehoboth Beach.
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met:
. Section 1. That within ten days after this Act goes into
effect, the Speaker Pro Tempore of the Senate shall appoint two
members of the Senate, and the Speaker of the House of Repre-sentatives
shall appoint two members of the House, and the Gov-ernor
shall appoint from among the citizens of this State a citi-zen
of this State, and the persons so appointed shall be and con-stitute
a commission for the purpose of carrying out the pro-visions
of this Act.
Section 2. That the said Commission, as soon as may be
after the appointment as aforesaid, shall repair the existing
jetty and erect additional groins or jetties at Rehoboth Beach as
will in the judgment of said Commission prevent a further ero-sion
of the shore at said Beach. That for this purpose the said
Commission shall have authority to employ all necessary labor,
skilled and unskilled, purchase such materials, enter into such
contracts, as may be necessary to do the said work ; provided,
that the whole amount expended shall not exceed the sum of
Twenty-five Thousand Dollars ($25,000.00).
Section 3. That immediately after the appointment as
aforesaid, the said Commission shall organize by electing a
Chairman, a Vice-Chairman and a Secretary.
Section 4. That all actions of the Commission shall be by
a majority vote, and no bill shall be paid by the State Treasurer
unless it bear the approval of the Chairman and Secretary, or
the Vice-Chairman and Secretary.
Section 5. That the sum of Twenty-five Thousand Dollars
($25,000.00) is hereby appropriated out of the Treasury of the
State of Delaware for the purpose of carrying into effect the
LAWS OF DELAWARE 19
REHOBOTH BEACH JETTIES
objects of this Act. The said moneys shall be paid out by the
State Treasurer upon warrants drawn pursuant to Section 4 of
this Act.
Approved April 27, A. D. 1925.
20 LAWS OF DELAWARE
CHAPTER 8
ERECTION OF ANNEX TO STATE HOUSE
AN ACT providing for the erection of an Annex to the State House.
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met:
Section 1. That the Governor of the State of Delaware, be
and he is hereby authorized and directed to name within sixty
(60) days after the approval of this Act, five (5) persons who,
together with the Governor, are hereby created a Commission
to erect an Annex to the State House, as provided in this Act,
which Commission shall be known as "The State House Annex
Commission."
Section 2. The Commission so constituted is hereby author-ized,
empowerd, and directed to construct and equip an Annex
to the present State House, to be used for State Offices and Ad-ministrative
purposes, and to be located at the rear of, and ad-joining
the present State House, provided however, that no part
or portion of such Annex shall encroach upon, or extend across,
over, or into the public street and road, known as the South
Little Creek Road, and running in a Easterly direction from
Dover Green, between the present State House and the old
County Building, now used as Administrative Offices of the State
'Highway Department.
Section 3. The members of the Commission shall receive no
salaries or other compensation for their services but shall be
reimbursed for actual expenses incurred in connection with their
duties as members of said Commission.
All vacancies occurring in the Commission shall be filled by
appointment by the Governor of the State.
The duties of the said Commission shall include the erection
and completion of the Annex aforesaid, the equipment of such
annex with necessary fixtures for heating and lighting, the
furnishing and decorating the same and the making of such al-teration
to the present State House as shall be necessary or
proper to enable the new annex to be used in connection there-with.
LAWS OF DELAWARE .21
ERECTION OF ANNEX TO STATE HOUSE
Section 4. The Commission, when appointed shall Immed-iately
organize and shall employ a capable architect and proceed
as speedily as possible to have necessary drawings and specifica-tions
prepared for the construction and decoration of said annex
said drawings to include plans for lighting, heating, decorating
and furnishing the same. Said Commission shall let contracts
for the execution of the work authorized by this Act by public
advertising to the lowest, best and most responsible bidder, and
shall have the right to reject any and all bids ; and shall require
all contractors to give bonds, satisfactory to said Commission,
at least equal to one-half the amount of the respective contracts.
Section 5. The total aggregate cost for the construction,
equipment and decoration of such annext and for the necessary
alterations to the State House, the performance of all other
work hereby authorized, including all fees, commissions, salaries
and expenses of all kinds for the Commission counsellors and
attorneys, engineers, experts, architects, superintendents, clerks
and other employees shall not exceed the sum of one hundred
and fifty thousand dollars. All payments on account of said
work shall be made by the State Treasurer upon warrants drawn
by the State Auditor from time to time upon the presentation
to him of specifically itemized vouchers approved by the Chair-man
and Secretary of said Commission.
Section 6. Said Commission shall use its best endeavor to
complete all their duties and work by the first day of January
A. D. one thousand nine hundred and twenty-seven. It shall
have the power to allot and assign and reassign any and all
rooms or portions in said building or in the State House, includ-ing
the recent addition, to the various State Offices and Depart-ments
after a thorough study of the available space and the
needs and requirements of each State Office or Department. The
Commission shall render to the next General Assembly, sitting
in the year 1927, a full report of its proceedings under the pro-visions
of this Act.
Section 7. That the sum of One hundred a n d fifty thousand
dollars be and the same is hereby appropriated out of the State
Treasury to be paid by the State Treasurer upon warrants drawn
22 LAWS OP DELAWARE
ERECTION OF ANNEX TO STATE HOUSE
as hereinbefore provided, during the years 1925 and 1926 and
until the convening of the General Assembly in 1927.
Section 8. That the appropriation made by Chapter 18, of
Volume 30, Delaware Laws is hereby repealed, revoked and an-nulled
in order to provide for the appropriation of this Act.
Approved April 7, A. D. 1925.
TITLE THREE
State Revenue and Supplies
CHAPTER 9
STATE REVENUE
DOMESTIC SURETY OR GUARANTEE COMPANIES
AN ACT to amend Chapter 6 of the Revised Code of the State of Dela-ware
and relating to Domestic Surety or Guaranty Companies.
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met:
Section 1. That Chapter 6 of the Revised Code of the State
of Delaware be and the same is hereby amended by striking out
93, Section 56 of said Chapter, and by inserting in lieu thereof
a new section to be styled 93, Section 56, as follows:
"93, Section 56. DOMESTIC SURETY OR GUARANTEE COM-PANIES;
CERTIFICATE OF AUTHORITY OF; LICENSE FEE OF;
TERM; OTHER FEES OF: No corporation incorporated under the
laws of this State and authorized by its charter to act as surety
or guarantor, and so acting within this State, shall hereafter do
such business in this State before it shall have secured the cer-tificate
of authority of the Insurance Commissioner authorizing
it to do business, after filing in his office the statement and de-positing
with said Insurance Commissioner the securities by it
required by law to be so filed and deposited, and shall have paid
to him for the use of the State, an annual State license fee of
One Hundred dollars. Such certificate of authority shall be of
force for one year from the date thereof, and no longer.
There shall be paid to the Insurance Commissioner, for the
use of the State, in addition to the State license fee of One hun-
23
24 LAWS OF DELAWARE
DOMESTIC SURETY OR GUARANTEE COMPANIES
dred dollars hereinbefore required to be paid by each of the
corporations in this section mentioned, the sum of ten dollars
for filing a certified copy of its charter, the sum of ten dollars
for filing its annual statement and two dollars for its annual cer-tificate
of authority from the Insurance Commissioner; and each
such corporation shall pay to the Insurance Commissioner an-nually
a fee of two dollars for issuing its said certificate and its
proportionate share of publishing annually an abstract of the
annual reports of companies or corporations of this class."
Approved April 9, A. D. 1925.
LAWS OF DELAWARE 25
CHAPTER 10
STATE REVENUE
SPECIAL DEPUTY ATTORNEYS GENERAL
AN ACT to amend Chapter 6 of the Revised Statutes of the State of Dela-ware,
defining the duties of Special Deputy Attorneys General.
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met:
Section 1. That 116, Sec. 79 of Chapter 6 of the Revised
Statutes of the State of Delaware, as amended, be and the same
is hereby amended by striking out all of said section and insert-ing
in lieu thereof, the following:
116. Sec. 79. The Attorney General may appoint one or
more special Deputy Attorneys General for the purpose of en-forcing
the provisions of Sections 65 to 83, inclusive, of this
Chapter, and the collection of the taxes due from proclaimed
corporations, and corporations whose charter has become void
by operation of law for non-payment of taxes thereunder. Such
special deputy or deputies shall have all the powers and author-ities
which the Attorney General has under the provisions of
said sections. Each of such appointees of the Attorney General
shall receive as compensation for his services twenty per centum
of the amount of taxes collected by him, not to exceed Five Hun-dred
Dollars ($500.00) in any one calendar year. The expenses
of printing, postage and stationery in connection with the col-lection
of such taxes shall be paid for out of the contingent fund
of the Attorney General.
Section 2. Nothing in this Act shall affect the collection
of the taxes due from proclaimed corporations and corporations
whose charters have become void by operation of law for non-payment
of taxes thereon, prior to the first day of January, A.
D. 1925; and as to all such corporations, the provisions of 116,
Section 79, as heretofore existing, shall be continued in full force
and effect.
Approved April 28, A. D. 1925.
26 LAWS OF DELAWARE
CHAPTER 11
STATE REVENUE
MOTOR VEHICLES
AN ACT to amend 234 Section 197 of Chapter 6 of the Revised Code of the
State of Deaware in relation to License Tags for Hearses.
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met:
Section 1. That Chapter 6 of the Revised Code of the State
of Delaware be, and the same is hereby amended by adding after
234 A. Section 197A as the same appears in Chapter 26, Volume
30 Laws of Delaware the following new section to be styled 234
B. Section 197B:
234 B. Section 197B. That the Secretary of State shall
furnish at the expense of the State two number tags to be used
upon hearses and dead wagons, which tags shall be of the same
size, dimension and design as tags commonly used on pleasure
automobiles except that such tags shall contain in addition to
what is now required by law the letter H.
Section 2. The tags aforesaid shall begin with the number
1000.
Approved April 3, A. D. 1925.
LAWS OF DELAWARE 27
CHAPTER 12
STATE REVENUE
MOTOR VEHICLES
AN ACT to amend Chapter 6 of the Revised Code of the State of Dela-ware,
in reference to Motor Vehicles.
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met:
Section 1. That Chapter 6 of the Revised Code of the State
of Delaware be, and the same is hereby amended by adding to
237, Sec. 200 thereof the following new Section to be styled
"237 C. Sec. 200 C," as follows:
237 C Sec. 200 C. In all cases where application is made to
re-register a passenger car as a commercial car or where appli-cation
is made to re-register a commercial car as a passenger
car the owner thereof shall return to the Secretary of State the
two numbered tags then issued for such motor vehicle and upon
payment to the Secretary of State of a special fee of One Dollar
($1.00) in addition to the re-registration fee as now provided
by law the Secretary of State shall then furnish to the owner of
such motor vehicle two special registration tags which shall ac-company
the re-registration certificates issued for such motor
vehicle.
Approved April 27, A. D. 1925.
28 LAWS OF DELAWARE
CHAPTER 13
STATE REVENUE
MOTOR VEHICLES
AN ACT to amend 238 Section 201 of Chapter 6 of the Revised Code of the
State of De/aware, in relation to Motor Vehicles, as amended by Chap-ter
6, Voume 33, Laws of Delaware.
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met:
Section 1. That Chapter 6 of the Revised Code of the State
of Delaware, be and the same is hereby amended by the repeal
of 238 Section 201 as amended by Chapter 6, Volume 33, Laws
of Delaware, and by substituting in lieu thereof the following to
be known as 238 Section 201:
238 Section 201. Motor Vehicles, operated by manufactur-ers
or dealers for the purposes of testing, selling or demonstrat-ing,
or for any other purpose except for hire or commercial pur-poses,
shall be exempt from the necessity of individual registra-tion,
provided said manufacturer or dealer .has taken out a li-cense
to engage in the business of purchasing and selling pro-duce,
goods, wares, and merchandise, and such manufacturer or
dealer registers with the Secretary of State, in the "Dealer's
Class." The application for such registration shall state the
number of cars to be registered and shall be made- upon a blank,
provided for the purpose by the said Secretary of State, and shall
state the name, business, and the place of business of the appli-cant,
and the number of said license so taken out by him, and
shall be certified by oath or affirmation. For each car registered
a fee of twenty-five dollars shall be paid the Secretary of State,
who shall issue a certificate of registration for each car register-ed,
and provide, at the expense of the State, two pairs of tags
for each registration which shall contain numbers of registra-tion
not less than four inches in height, the year and the words
"Delaware Dealer." No more than one motor vehicle may be
operated at the same time under the same.registration number.
Such car shall be operated only by licensed drivers, who shall
have authority to operate motor vehicles bearing the said tags
LAWS OF DELAWARE 29
MOTOR VEHICLES
for the purpose of testing, selling, demonstrating, or for the
transportation of parts, supplies, accessories, tires, implements
and tools, to be used in connection with passenger cars, commer-cial
cars and tractors, provided that such parts, supplies, acces-sories,
tires, implements and tools, shall be used upon the par-ticular
make or makes of cars and tractors, sold by the dealer
so operating the car bearing the said dealers tags, or for any
other purpose except for hire or commercial purposes; provided
that the Secretary of State shall not issue a Dealer's License to
any person, firm or corporation without an affidavit being first
filed stating that such person, firm or corporation is bona fide
dealer in automobiles or motor vehicles, and provided further
that such dealer's registration tags shall not be used upon any
jitneys, taxicabs or other motor vehicles used for hire.
Any such manufacturer or dealer may procure additional
registration tags, upon making additional application in the
same manner as the aforesaid application was made, and paying
an additional fee of Ten Dollars for each additional registration
and each additional pair of tags desired.
Approved April 27, A. D. 1925.
30 LAWS OF DELAWARE
CHAPTER 14
STATE REVENUE
MOTOR VEHICLES
AN ACT to amend Chapter 6 of the Revised Code of the State of Dela-ware,
in relation to the Penalties imposed upon the Violators of Motor
Traffic Regulations.
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met:
Section 1. That Chapter 6, of the Revised Code of the State
of Delaware, be and the same is hereby amended by striking out
249 Section 212, as amended,, and by inserting in lieu thereof a
new section to be known as 249 Section 212.
249 Section 212. PENALTIES FOR VIOLATIONS; SECOND OR
SUBSEQUENT OFFENSE PENALTIES: Any person violating any
of the provisions of Sections 196 to 217, inclusive, of this Chap-ter,
shall be subject to a fine of not less than ten nor more than
twenty-five dollars, to be collected by a summary conviction be-fore
any Mayor or Justice of the Peace or Judge of the Municipal
Court of the City of Wilmington, as like fines and penalties are
now by law collectable; or in case of non-payment of a fine, to
undergo an imprisonment for a period not exceeding ten days.
Any person or persons who have been previously convicted be-fore
a Mayor, Justice of the Peace of this State or Judge of said
Municipal Court, of any violation of the provisions of Section
196 to 217, inclusive, of this Chapter, upon commission of a sec-ond
offense within a period of six months, shall be sentenced to
pay a fine of not less than twenty-five dollars nor more than one
hundred dollars, and, in case of non-payment of such fine, to
undergo an imprisonment for a period of not exceeding twenty
days.
All fines and costs collected under the provisions of Sections
212 and 213 of this Chapter, for the violation of any of the pro-visions
of Sections 196 to 217, inclusive, of this Chapter, in the
limits of any incorporated city or town in this State, shall be
paid to the incorporated city or town within which such offense
was committed, for the use of said city or town. Provided, how-
LAWS OF DELAWARE 3.1
MOTOR VEHICLES
ever, that all the fines, penalties and forfeitures imposed and
collected in any County of this State for violation of any of the
laws of this State in relation to motor vehicles where the ar-rests
are procured by the authorized representatives for the
State Highway Department shall inure and be paid to the State
Treasurer for the use of the State Highway Department. Such
fines, penalties and forfeitures shall be collected as other fines,
penalties and forfeitures are collected under the laws of this
State and the officers collecting the same shall make a monthly
report thereof to the State Treasurer on blanks to be furnished
for that purpose by the State Highway Department.
Provided, however, that the provisions of the above section
shall not apply to any person who shall have violated any Traffic
Regulation concerning the number or kind or range of the lights
on his Motor Vehicle, but that the only penalty which shall be
imposed upon a person having a defective headlight, tail light,
or side light, either as to number, kind, or range of such light
or lights shall be as follows: That any officer arresting a person
because of defective lights, as aforesaid, if it be the first offense
of the preson, shall accompany or direct such person to the near-est
public garage, equipped to remedy such defective light, and
shall there have such lights remedied, so as to conform to the
State Motor Traffic Vehicle regulations, to the expense of the
person owning or operating such Motor Vehicle, and provided
further, that the officer making the arrest, if it be the first of-fense
of the person, shall designate upon the operator's license
and the motor registration license, if it be the owner of the car
so violating, some mark or symbol whereby it shall be known
that such person has violated the Motor Traffic regulations in
regard to defective lights. And provided further, that for any
second offense in violation of the Motor Traffic regulations in
regard to lights, as aforesaid, the person so violating shall be
subject upon conviction before the nearest Justice of the Peace
to the point of arrest, or the Municipal Court of the City of Wil-mington,
to the payment and forfeiture of a fine of not less than
One dollar ($1.00) nor more than Five dollars ($5.00)..
Approved April 14, A. D. 1925.
32 LAWS OF DELAWARE
CHAPTER 15
STATE REVENUE
MOTOR VEHICLES
AN ACT to amend Chapter 6 of the Revised Code of the State of Delaware
in relation to Motor Vehicles.
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met:
That Chapter 6 of the Revised Code of the State of Dela-ware
be, and the same is hereby amended by the repeal of sec-tion
254 Sec. 217 thereof, and the insertion in lieu thereof of
the following section which shall be styled 254 Sec. 217.
"254 Sec. 217. Vehicles owned and controlled by non-resi-dents
of this State, who are residents or citizens of foreign na-tions,
and the drivers and operators thereof, shall be accorded
the free use of the highways of this State without restriction
by way of license or registration and without the imposition of
any tax or fee; provided further, that this Section shall not ap-ply
to vehicles owned or controlled by residents or citizens of
foreign nations and drivers and operators thereof, when such
foreign nations do not extend similar privileges to the residents
of the United States of America.
The term 'vehicle' as used in this section, shall include au-tomobiles,
motorcycles, horse drawn vehicles, carriages and all
other means of conveyance except such as run only upon rails
or tracks."
Approved April 14, A. D. 1925.
LAWS OF DELAWARE 33
CHAPTER 16
STATE REVENUE
MOTOR VEHICLES
AN ACT to amend Chapter 6 of the Revised Code of the State of Delaware
authorizing the Governor to appoint Automobie Inspectors.
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met:
Section 1. That Chapter 6 of the Revised Code of the State
of Delaware be, and the same is hereby amended by striking
out Section 254A Section 217A of the Revised Code, as the same
appears in Chapter 19, Volume 28, Laws of Delaware, and in-serting
in lieu thereof, the following to be known as 254A Sec-tion
217A.
254A Section 217A. That for the purpose of enforcing the
motor vehicle statutes of the State of Delaware the Governor
is authorized to appoint one motor vehicle inspector for each
county in the State, said inspectors to be under the juris.diction
and direction of the Secretary of State and to wear an official
badge bearing the inscription "Motor Vehicle Inspector, State of
Delaware." Said Inspectors are to have authority to arrest any=
one for the violations of Sections 196 to 217, inclusive, of Chapter
6 of the Revised Code of the State of Delaware and to take of-fenders
before any Mayor, Justice of the Peace or Judge of the
Municipal Court of the City of Wilmington for Trial. The com-pensation
of said inspectors shall not exceed the sum of One
Hundred and Fifty Dollars ($150.00) per month to be paid by
the State Treasurer out of any money in the treasury not other-wise
appropriated and upon a warrant drawn by the Governor.
The term of said inspectors shall extend from month to month
at the discretion of the Governor.
Approved April 15, A. D. 1925,
34 LAWS OF DELAWARE
CHAPTER 17
STATE REVENUE
MOTOR VEHICLES
AN ACT to amend Chapter 6 of the Revised Code of the State of Delaware
in relation to the identification of Motor Vehicles.
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met:
Section 1. That 254K Section 217K of Chapter 6, of the Re-vised
Code of the State of Delaware, as the same appears in
Chapter 8, Volume 32, Laws of Delaware, be and the same is
hereby amended by striking out 254K Section 217K, and insert-ing
in lieu thereof the following to be known as 254K Section
2171C.
254K Section 217K. No certificate of the registration of
any motor vehicle or registration tags therefor, whether original
issues or duplicates, shall hereafter be issued or furnished by
the Secretary of State unless the applicant therefor shall at the
same time make application for and be granted an official cer-tificate
of title of such motor vehicle, or shall present satisfac-tory
evidence that such a certificate has been previously issued
to the applicant covering such motor vehicle. Said application
shall be upon a blank form to be furnished by the Secretary of
State, and shall contain a full description of the motor vehicle,
together with a statement of the applicant's title and of any
liens or encumbrances upon said motor vehicle. The Secretary
of State shall use reasonable diligence in ascertaining whether
or not the facts stated in said application for a certificate of
title are true, and if satisfied that the applicant is the lawful
owner of such motor vehicle or otherwise entitled to have the
same registered in his name, shall thereupon issue an appropri-ate
certificate over his signature and sealed with the seal of his
office, procured and used for such purpose. Said certificate shall
contain such description and other evidences of identification of
said motor vehicle as the Secretary of State may deem reason-ably
necessary and proper, together with a statement of any
liens or encumbrances which the application may show to be
LAWS OF DELAWARE 35
MOTOR VEHICLES
thereon. The said statement of all liens or encumbrances on
said motor vehicles when properly set out on such record of title
and filed for record in the Secretary of State's office, shall for
all purposes and intents be a valid and prior lien upon such
motor vehicle ; and such statement so set out as aforesaid, shall
be notice to all creditors of whatever description, that such lien
exists against such motor vehicle. The charge for each original
certificate so issued shall be one dollar ($1.00), which charge
shall be in addition to the charge for the registration of such
motor vehicle. Said certificate shall be good for the life of the
car, so long as the same is owned or held by the original holder
of such certificate, and shall not have to be renewed annually.
In the case of motor vehicles now owned and already registered in
this State during the year 1921, an application for a certificate
of title, accompanied by such evidences of ownershieand liens
as the Secretary of State may require, shall be made within
ninety (90) days after this Act becomes effective. Immediately
upon the passage of this Act, it shall be the duty of the Secre-tary
of State to cause to be printed copies of this section and to
mail to every person to whom he has issued a certificate of regis-tration
for the year 1921 one of such printed copies accompanied
by a specific notice that the title of such motor vehicle must be
registered as herein provided. After the expiration of said
ninety days, it shall be unlawful and a misdemeanor, punishable
by a fine of not less than five dollars ($5.00) nor more than one
thousand dollars ($1,000.00), for any person to operate in this
State a motor vehicle under a Delaware registration number un-less
such certificate of title shall have been issued a,s herein pro-vided.
In the event of the sale or transfer of the ownership of a
motor vehicle for which an original certificate of title has been
issued as aforesaid, the original holder of such certificate shall
endorse on the back of the same an assignment thereof, with
warranty of title in form printed thereon, with a statement of
all liens or encumbrances on said motor vehicle, and deliver the
same to the purchaser or transferee at the time of the delivery
to him of such motor vehicle. The said statement of all liens or
encumbrances on said motor vehicles when properly set out on
such record of title and filed for record in the Secretary of State's
36 LAWS OF DELAWARE
MOTOR VEHICLES
office, si all for all purposes and intents be a valid and prior lien
upon such motor vehicle; and such statement so set out as afore-said,
slu,11 be notice to all creditors of whatever description, that
such lien exists against such motor vehicle. The purchaser or
transferee shall then present such certificate, assigned as afore-said,
to the Secretary of State, at the time of making applica-tion
for the registration of such motor vehicle, whereupon a new
certificate of title shall be issued to the assignee, the charge
therefor being one dollar ($1.00). Said original certificates,
when so assigned and returned to the Secretary of State, to-gether
with subsequent assignments of reissues of- certificates,
shall be retained by the Secretary of State and appropriately
indexed, so that at all times it will be possible for him expediti-ously
to trace title to the motor vehicle designated therein. Be-_
ginning with the expiration of ninety days from the date upon
which this Act becomes effective, and thereafter, it shall be un-lawful
and a misdemeanor, punishable by a fine or not less than
five ($5.00) nor more than one thousand dollars ($1,000.00), or
by imprisonment for not more than ten (10) years, or both, for
any one to sell or to purchase within the limits of this State
any motor vehicle, unless at the time of the delivery thereof
there shall pass between the parties such certificate of title with
an assignment thereof in the form prescribed by the Secretary
of State. Any person who shall knowingly make any false
statement, either in his application for the ownership certificate
herein provided for or in any assignment thereof, or who, with
intent to procure or pass title to a motor vehicle which he knows
or has reason to believe has been stolen, shall receive or transfer
possession of the same from or to anether, or who shall operate
or be an occupant of any motor vehicle, which he knows or has
reason to believe has been stolen, shall be deemed guilty of a
misdemeanor and upon conviction thereof, shall be punished by
a fine of not less than five hundred dollars ($500.00) or more
than five thousand dollars ($5,000.00) or by imprisonment for not
less than sixty days (60) or more than five (5) years, or by both
fine and imprisonment, in the discretion of the court. This pro-vision
shall not be regarded as exclusive of other penalties pre-scribed
by existing or any future law for the larceny or unau-
LAWS OF bELAWARE
MOTOR VEHICLES
thorized use of a motor vehicle. In the case of manufacturers
and dealers in motor vehicles, motorcycles, sidecars or trailers,
all of which are intended to be covered by this and all other pro-visions
of this section, a separate certificate of title, eithe'r of
such dealers immediate vendor, or of the dealer himself, shall be
required in the case of each motor vehicle in his possession, and
the Secretary of State shall determine the form in which ap-plications
for such certificates of title and assignments thereof
shall be made, in case forms differing from those used in case of
individuals are in his judgment reasonable required; provided,
however, that no such certificates shall be required in the case of
new motor vehicles sold by manufacturers to dealers as the term
"dealers" is defined in 238 Sec. 201 of this Act.
The receipts of the Secretary of State under the provisions
of this section shall be set aside and retained by him in a sep-arate
fund, and used: First, to meet the additional expense of
his office necessitated by the registration and recording herein
required ; the balance of such fund to be used by him in the em-ployment
of additional assistants, and measures to prevent, so
-far as reasonably possible, the theft of automobiles and dispo-sition
of stolen automobiles in this State, and for no other pur-pose.
If, at the end of any year, there is a balance in said fund
said balance shall be carried into the next year for the uses
aforesaid, and shall not revert to the State Treasury.
In the case of a lost certificate, the loss of which is account-ed
for to the satisfaction of the Secretary of State, a Juplicate
may be issued; the charge therefor to be fifty (50) cents,
Any person who shall alter or forge any certificate of title
issued by the Secretary of State pursuant to the provisions of
this section, or any assignment thereof, or who shall hold or use
any such certificate or assignment knowing the sank: to have
been altered or forged, shall be deemed guilty of a felony, and,
upon conviction thereof shall be required to pay a file of not
less than one thousand dollars ($1,000.00) nor more than five
thousand dollars ($5,000.00), or in default of the pay mont there-of
be imprisoned for a period of not less than one (1) year, nor
38 LAWS OF DELAWARE
MOTOR VEHICLES
more than ten (10) years, or be both fined and imprisoned, in
the discretion of the Court.
Any person who removes, defaces, alters, changes, destroys
or obliterates, in any manner or way, or who causes to be remov-ed,
defaced, altered, changed, -destroyed or obliterated, in any
manner or way, any trade mark, distinguishing or identification
mark, serial number or mark on or from any motor vehicle, as
defined in this Act, or who shall sell any such motor vehicle,
knowing the same to be in such condition, shall be deemed guilty
of a misdemeanor, and upon conviction thereof, shall be subject
to a fine of not exceeding one thousand dollars ($1,000.00) or by
imprisonment for any term not exceeding seven (7) years, or
both, in the discretion of the court.
Any person having in his possession or custody (as owner -
or otherwise) at the time of the enactment of this section, a
motor vehicle on which or from which any trade mark, distin-guishing
number or identification number, serial number, or
mark has been, or is, covered, removed, defaced, destroyed or
obliterated, or altered or changed in any way, shall within sixty
(60) days from the passage of this Act, file with the Secretary of
State a verified statement showing the source of his title, the
proper trade marks, identification or distinguishing number,
serial number or mark, if known; and, if known, the manner of
and reason for such mutilation, change, alteration, concealment
or defacement, the length of time such vehicle has been held and
the price paid therefor; and no prosecution shall be had under
this paragraph when such statement has been properly filed and
the new mark or number provided for in this Section properly
substituted; otherwise the penalty prescribed in this section to
be imposed.
Any person who shall, after the enactment of this section,
come into possession or custody (as owner or otherwise) of any
motor vehicle from which or on which any trade mark, distin-guishing
or identification number, serial number or marks has
been or is covered, removed, defaced, destroyed or obliterated,
or altered or changed in any manner or way, shall be deemed
guilty of a misdemeanor and, upon conviction thereof shall be
LAWS OF DELAWARE 39
MOTOR VEHICLES
subject to a fine of not less than Five Dollars ($5.00) nor more
than one thousand dollars ($1,000.00) or imprisonment for not
more than seven years, or both, in the discretion of the court,
unless such person shall, within ten (10) days from the time
when such motor vehicle shall have come into his possession,
file with the Secretary of State the verified statement required
by this Section, and substitute a new distinguishing mark or
number as next hereinafter provided.
In the case of an obliterated or defaced mark or number be-ing
reported as aforesaid, the Secretary of State shall assign a
new distinguishing mark or number to be used in lieu of the
one so obliterated or defaced, after which the mark or number
so assigned shall be regarded as the one thereafter properly to
be used within the meaning of this section after such mark or
number is placed upon such motor vehicle in a permanent man-ner.
.
The provisions of this Act shall hove no effect upon liens
lawfully entered against any motor vehicle prior to the approval
of this Act.
- The Secretary of State is hereby authorized and directed to
keep -a permanent record in bound volumes of such liens or en-cumbrances
hereinhefore declared to be valid and prior liens up-on
motor vehicles. For making such entry of such liens or en-cumbrances
in said bound volumes the Secretary of State shall
make a charge of fifty cents (50c) which shall be paid by the
ceditor. When such liens or encumbrances have been fully paid
and satisfied by the owner of such motor vehicle, such record of
satisfaction shall appear upon the entry of such lien or encum-brance
as fully paid and satisfied; and for the entr:,- of such
satisfaction the Secretary of State shall make a chargc of twen-ty-
five cents (25c) which shall be paid by the creditor.
Approved May 14, A. D. 1925.
40 LAWS OF DELAWARE
CHAPTER 18
STATE REVENUE
MOTOR VEHICLES
AN ACT to amend Chapter 6 of the Revised Code of the State of Delaware
in relation to the identification of Motor Vehicles.
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met:
That Chapter 6 of the Revised Code of the State of Dela-ware,
as heretofore amended, be and the same is hereby further
amended by adding the following to 254K, Section 217K.
Section 1. Provided that nothing in this Chapter shall re-quire
the holder of a certificate of title to assign said certificate
or execute warranty of title where a Motor Vehicle is sold under
a judgment or lien lawfully secured.
Section 2. That it shall be lawful for any person to sell or
to purchase within the limits of this state any Motor Vehicle
sold under the provisions of Section 1 of this Act.
Section 3. That the Secretary of State shall have authority
to issue a certificate of title upon proper proof submitted to him
that the Motor Vehicle has been sold according to law.
Approved April 20, A. D. 1925.
LAWS OF DELAWARt 41
CHAPTER 19
STATE REVENUE
MOTOR VEHICLES
AN ACT to amend Chapter 6 of the Revised Code of the State of Delaware
in relation to Motor Vehicles.
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met:
That Chapter 6 of the Revised Code of the State of Dela-ware
be, and the same is hereby amended by adding thereto the
following new Section 254 P. Sec. 217 P.
254 P. Sec. 217 P. All things being equal, the operator or
driver of a vehicle ,upon any street, road or alley within this
State shall have the right of way over the operator or driver
of another vehicle who is approaching from the left on an inter-secting
street, road, or alley; and shall give the right of way
to an operator or driver of a vehicle approaching from the right
on an intersecting street, road or alley ; provided, however, that
wherever traffic officers are stationed they shall have full power
to regulate ; provided further, however, that on any principal
highway outside the limits of any City or town, the State High-way
Department shall have the right to declare that vehicles
traveling on such principal highway shall have the right of way
over vehicles approaching said principal highway from inter-secting
roads, and provided further that the State Highway De-partment
shall erect and maintain wherever it is deemed neces-sary,
clear and legible signs requiring motor vehicles before driv-ing
into or cross such Highway to slacken speed or to come to a
full stop as the sign shall specify or require.
Approved April 14, A. D. 1925.
42 LAWS OF DELAWARE
CHAPTER 20
STATE REVENUE
MOTOR VEHICLES
AN ACT to amend An Act entitled "An Act to amend Chapter 6 of the Re-vised
Code of the State of Delaware in relation to Motor Vehicles.
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met:
That Chapter 6 of the Revised Code of the State of Dela-ware
as amended by Chapter 13, Volume 33, Laws of Delaware
be and same is hereby amended by adding thereto the following
new section:
254 Q. Section 217 Q. POWERS OF INSPECTORS: SEARCH:
The Secretary of State, his deputies and inspectors, and all duly
qualified members of the State Police and members of the Police
Force of the City of Wilmington, may at all times with or with-out
process, stop any motor vehicle to examine identification
numbers and marks thereon, raising the hood or engine cover
if necessary to accomplish their purpose, and may demand and
inspect the driver's license, registration certificate and permits.
Said officers may also at all times, with or without process, enter
public garages, parking places and buildings where motor ve-hicles
are stored or kept, for the purpose of examining identifi-cation
numbers and marks thereon and may also examine any
motor vehicle standing in any public way or place. They may
in like manner examine any motor vehicle to ascertain whether
its equipment complies with the requirements of the law relating
to motor vehicles.
254 R. Section 217 R. This act shall take effect immediate-ly
upon its passage and all acts or parts of acts inconsistent
therewith are hereby repealed.
Approved April 20, A. D. 1925.
LAWS OF DELAWARE 43
CHAPTER 21
STATE REVENUE
MOTOR VEHICLES
AN ACT providing for the use of the Public Streets, Roads or Highways
of this State by Self-Propelled Traction Engines or Tractors, equipped
with metal tired wheels, and Vehicles Hauled or Propelled by Traction
Engines or Tractors.
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met:
Section 1. That, except as hereinafter provided, no traction
engine or tractor for hire shall be operated or driven upon any
public street, road or highway of this State until the said tract-ion
engine or tractor shall have been registered with the Secre-tary
of State.
Section 2. The terms "traction engine" or "tractor" as
used in this Act shall apply to all self-propelled engines equipped
with metal tired wheels operated or propelled by any form of
engine, motor or mechanical power, used exclusively for agricul-tural
purpose, road grading, and transporting the machinery and
appliances, which, when at rest, they operate with their on
power ; and excluding engines used for the hauling of freight of
any kind, or self-propelled engines which move or are operated
upon, or are guided by a track.
A traction engine or tractor shall as hereinafter provided
be allowed or permitted to have attached thereto and hauled
over the public streets, roads and highways of this State any
vehicle with metal tires used for carrying water and fuel for the
use of said traction engine or tractor, road graders, stone crush-ers,
sawmills, grain and seed threshers and other agricultural
machinery or equipment not self-propelled.
Section 3. Application for registration of traction engines
or tractors shall be made to the Secretary of State. The appli-cation
shall contain the full name and residence of the owner or
owners, with a brief description of the traction engine or tractor,
the name, the manufacturer's number, the character of the mo-
44 LAWS OF DELAWARE
MOTOR VEHICLES
tive power, and the gross maximum weight. The accepted
weight for registration of traction engnies, tractors, or other
vehicles which they are permitted to haul, shall be the weight
given and specified by the manufacturers. The said application
shall be made upon a blank provided for the purpose by the Sec-retary
of State. It shall be signed by the owner, or owners, in
case of joint ownership, and be certified by oath or affirmation.
Upon receipt of the application and the proper fee, the Secre-tary
of State shall register the said traction engine or tractor in
a book to be kept for that purpose, and shall issue to the owner
or owners a registration certificate, which shall entitle the hold-er
or holders, or any employees, to operate such traction engine
or tractor, showing the name and address of the owner or own-ers,
the name, type, horsepower, and the manufacturer's number
thereof, also one number tag having thereon the registration
number, the abbreviated name of the State, and the year.
Section 4. Traction engines and tractors, owned or used by
manufacturers or dealers shall be exempt from the necessity of
individual registration ; provided, said manufacturer or dealer
registers with the Secretary of State in the dealer's class. Ap-plications
for such registration shall be made upon a blank pro-vided
for the purpose by the Secretary of State, which shall set
forth the full name and business address of the applicant, and
shall be verified by oath or affirmation. Upon receipt of the ap-plication,
the Secretary of State shall issue to the applicant two
certificates of registration and two number tags, such tags hav-ing
thereon the number of registration, the year, and the words
"Delaware Dealer" or an abbreviation thereof; the first number
of such number shall be an X. It shall be unlawful, under any
circumstances, to operate a traction engine, or tractor, under a
dealer's registration, unless the tag is displayed on the front of
said traction engine or tractor, provided that no more than two
certificates and two tags shall be applied for on any single ap-plication,
and where a greater number of certificates are desired
the necessary additional applications shall be made.
Section 5. Upon the transfer of ownership or destruction
of any traction engine or tractor, its registration shall expire.
LAWS OF DELAWARE 45
MOTOR VEHICLES
The original owner may, however, by proper affidavit accom-panying
his application, register another traction engine or
tractor upon payment of a fee of one dollar ($1), and such owner
shall be assigned the number previously issued to him, unless
destroyed.
Section 6. The fee for the registration of a traction engine
or tractor shall be Five Dollars ($5).
The fee shall be Five Dollars ($5) for a certificate and num-ber
tag issued for registration in the dealer's class, and for each
additional certificate and number tag issued on the same applica-tion,
to the same dealer, the fee shall be Two Dollars ($2).
No license to operate, nor shall any registration be required
for traction engines or tractors not used for hire, nor shall any
license to operate or any fee be charged for the registration of
traction engines or tractors, owned and used by the United
States, the State of Delaware, or any city, county, or incorporat-ed
town, but all such traction engines or tractors shall be regis-tered,
and shall display a number tag as provided for in case of
privately owned traction engines or tractors.
Section 7. No traction engine or tractor shall be operated
upon the public highways unless a number tag is displayed con-spicuously
in front on the traction engine or tractor, in such a
manner that it may be easily read. They shall be kept reason-ably
clean and shall not be defaced in any manner. No tag shall
be required on machinery and appliances, which, when at rest,
are operated by the power of the engine or tractor drawing them,
nor upon water or fuel wagons.
Section 8. Between one hour after sunset and one hour
before sunrise, each traction engine or tractor operated on the
road shall display a light in front and in the rear ; and, if such
traction engine or tractor shall have attached thereto any of the
vehicles permitted or allowed by this Act to be hauled or trans-ported
over the streets, roads, or highways of this State by
traction engines, or tractors, there shall be one light displayed
in front of the traction engine or tractor and one light display-ed
in the rear of the last vehicle.
46 LAWS OF DELAWARE
MOTOR VEHICLES
Section 9. Traction engines or tractors which are in use at
the time of the passage and approval of this Act, shall be al-lowed
to continue in operation as they are, including cleats on
the drivers and guide bands on the front wheels: Provided,
however, that no bolt-heads, nuts, or rivet-heads, shall be allow-ed
to project ; and the use of ice-picks, or spuds of any kind, ex-tending
beyond the cleats, shall be prohibited on macadamized
or paved highways.
Traction engines or tractors put into service after the pas-sage
and approval of this Act, shall not exceed twenty-eight
thousand (28,000) pounds in weight, and shall not be of a great-er
width than one hundred ten (110) inches over all. On all
traction engines or tractors exceeding eight thousand pounds in
weight, the guiding wheels shall be equipped with guide bands
not less than two (2) inches in width, nor more than one and one-half
(11A) inches high. The drivers shall be equipped with flat
lugs extending diagenially across the entire width of the tire or
rim, such lugs to be not less than one (1) inch in width at the
bearing surface in contact with the Highway, provided, that such
Jugs are so spaced that not less than two lugs on each driving
wheel shall be in contact with the road's surface at all times.
Traction engines or tractors weighing eight thousand pounds or
less shall be equipped with regular cleats as furnished by the
manufacturers. No bolt-heads, nuts, or rivet-heads shall be al-lowed
to project, and the use of ice-picks or spuds of any kind
extending beyond the cleats is prohibited on macadamized or
paved highways.
The regulations prescribed by this Act, or made by the
State Highway Commission in pursuance to its provisions, shall
not permit the owner or operator of any traction engine or
tractor to haul unusual or unreasonable weights, or to use the
public highways in an unusual or unreasonable manner; and
shall not exempt the owners or operators of such engines or
tractors from indictment for nuisance, or prevent the granting
of injunctions against unusual or unreasonable use of the public
highways of the State. Nor shall these regulations relieve the
owner or operator of any traction engine or tractor from liability
for damages to the public highways by reason of the careless,
LAWS OF DELAWARE 47
MOTOR VEHICLES
negligent, reckless, or wanton operation of such traction engine
or tractor.
The State Highway Commission, upon application in writ-ing,
approved by the local authorities charged with the mainten-ance
of the highways described in the application, may, at his
discretion, grant special permission for the moving of extra-heavy
engines, loads, objects, or structures over the public high-ways,
under such regulation as he may prescribe.
Section 10. The Secretary of State may, at his discretion,
revoke or suspend, upon hearing after due notice in writing, mail-ed
to his address as stated in his application, of the proposed re-vocation
and the grounds therefor, for any period up to one year,
the registration of any traction engine or tractor, upon reason-able
grounds, for improper conduct in operating a traction engine
or tractor. No person to whom the registration of a traction
engine or tractor has been refused, or revoked, shall drive or
operate a traction engine or tractor upon the public highways of
this State.
Section 11. All vehicles permitted or allowed by this act to
be attached to or hauled by traction engines or tractors over the
public streets, roads, and highways of this State shall not exceed
a gross maximum weight of ten thousand pounds. Nor shall the
vehicle, including the ioaa thereon, exceed seven hundred (700)
pounds upon any inch in width of the tire of each wheel, nor
shall any vehicle have an axle load of more than sixteen thousand
(16,000) pounds.
Section 12. Authorized representatives of the State High-way
Department shall have the-right to stop vehicles that have
indication of exceeding the prescribed limits of this law, and
weigh such vehicles provided it shall not delay the vehicle more
than thirty minutes.
Section 13. Whenever it is necessary to operate a vehicle
in excess of the above weight, a special permit shall be obtained
from the State Highway Department; this permit will regulate
the time that the vehicle shall be operated and the owner of such
vehicle shall be liable for any damage done to the State Highway.
48 LAWS OF DELAWARE
MOTOR VEHICLES
Section 14. Any person who shall operate a traction engine
or tractor on any of the streets, roads, or highways of this State
while under the influence of intoxicating liquor shall be deemed
guilty of a nuisance, and shall be subject to such penalties as are
now or hereafter may be made applicable to persons operating
motor vehicles.
Section 15. No traction engine or tractor shall be operated
over the streets, roads, or highways of this State at a rate of
speed greater than three miles per hour.
Section 16. When signaled to do so, by the driver of any
horse or other animal of draft or burden, the operator of a trac-tion
engine or tractor shall stop, and, if circumstances require it,
shall stop his engine until the danger has been avoided. When
overtaken by any other vehicle legally traveling at a greater
speed, the operator or driver of any traction engine or tractor,
when signaled to do so, shall turn reasonably to the right or left
of the center of the highway, allowing the other vehicle free
passage to the right or left.
Section 17. Any person violating any of the provisions of
this Act, shall upon complaint before any Justice of the Peace of
this State, and upon proof of the charge, be subject to a fine of
not less than Ten Dollars ($10), nor more than One Hundred
Dollars ($100) for the first offense, and not less than Twenty-five
Dollars ($25) nor more than Two Hundred Dollars ($200)
for second offense, and each subsequent offense, and in default
of said fine shall be imprisoned for a term of not more than
thirty days.
Section 18. All acts or parts of acts inconsistent with this
Act be, and the same are hereby repealed.
Approved March 17, A. D. 1925.
LAWS OF DELAWARE 49
CHAPTER 22
STATE REVENUE
MOTOR VEHICLES
AN ACT providing for the use of the Public Streets, Roads, or Highways
of this State by self-propelled Traction Engines or Tractors, equipped
with metal tired wheels, and Vehicles hauled or propelled by Traction
Engines or Tractors.
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met:
Section 1. That, except as hereinafter provided, no traction
engine or tractor for hire shall be operated or driven upon any
public street, road or highway of this State until the said trac-tion
engine or tractor shall have been registered with the Secre-tary
of State.
Section 2. The terms "traction engine" or "tractor" as
used in this Act shall apply to all self-propelled engines equipped
with metal tired wheels operated or propelled by any form of
engine, motor or mechanical power, used exclusively for agricul-tural
purposes, road grading, and transporting the machinery
and appliances, which, when at rest, they operate with their own
power ; and excluding engines which move or are operated upon,
or are guided by, a track.
A traction engine or tractor shall as hereinafter provided,
be allowed or permitted to have attached thereto and hauled over
the public streets, roads and highways of this State any vehicle
with metal tires used for carrying water and fuel for the use of
said traction engine or tractor, road graders, stone crushers,
sawmills, grain and seed threshers and other agricultural ma-chinery
or equipment not self-propelled.
Section 3. Application for registration of traction engines
or tractors under this Act, shall be made to the Secretary of
State. The application shall contain the full name and residence
of the owner or owners, with a brief description of the traction
engine or tractor, the name, the manufacturer's number, the
character of the motive power, and the gross maximum weight,
60 LAWS OF DELAWARE
MOTOR VEHICLES
The accepted weight for registration of traction engines, trac-tors,
or other vehicles which they are permitted to haul, shall be
the weight given and specified by the manufacturers. The said
application shall be made upon a blank provided for the purpose
by the Secretary of State. It shall be signed by the owner, or
owners, in case of joint ownership, and be certified by oath or
affirmation. Upon receipt of the application and the proper fee,
the Secretary of State shall register the said traction engine or
tractor in a book to be kept for that purpose, and shall issue to
the owner or owners a registration certificate, which shall entitle
the holder or holders, or any employees, to operate such traction
engine or tractor, showing the name and address of the owner
or owners, the name, type, horsepower, and the manufacturer's
number thereof, also one number tag having thereon the regi-stration
number, the abbreviated name of the State, and the
year.
Section 4. Traction engines and tractors, owned or used by
manufacturers or dealers, shall be exempt from the necessity of
individual registration ; provided, said manufacturer or dealer
registers with the Secretary of State in the dealer's class. Ap-plications
for such registration shall be made upon a blank pro-vided
for the purpose by the Secretary of State, which shall set
forth the full name and business address of the applicant, and
chall be verified by oath or affirmation. Upon receipt of the ap-plication,
the Secretary of State shall issue to the applicant two
certificates of registration and two number tags, such tags hav-ing
thereon the number of registration, the year, and the words
"Delaware Dealer" or an abbreviation thereof; the first number
of such number shall be an "X". It shall be unlawful, under any
circumstances, to operate a traction engine, or tractor, under a
dealer's registration, unless the tag is displayed on the front of
said traction engine or tractor, provided, that no more than two
certificates and two tags shall be applied for on any single ap7
plication, and where a greater number of certificates are desired
the necessary additional applications shall be made.
Section 5. Upon the transfer of ownership or destruction of
any traction engine or tractor, its registration shall expire. The
LAWS OF DELAWARE 51
MOTOR VEHICLES
original owner may, however, 1., "ler affidavit accompanying
his application, register another tractiun engine or tractor upon
payment of a fee of one dollar ($1.00), and such owner shall be
assigned the number previously issued to him, unless destroyed.
Section 6. The fee for the registration of a traction engine
or tractor shall be Five Dollars ($5.00) annually.
The fee shall be Five Dollars ($5.00) annually for a certi-ficate
and number tag issued for registration in the dealer's
class, and for each additional certificate and number tag issued
on the same application, to the same dealer, the fee shall be Two
Dollars ($2.00) annually.
No license to operate, nor any registration shall be required
for traction engines or tractors not used for hire, except traction
engines or tractors owned or used by manufacturers or dealers,
which shall be registered as provided in Section 4 of this Act,
nor shall any license to operate or any fee be charged for the
registration of traction engines or tractors owned and used by
the United States, the State of Delaware, or any City, County or
incorporated Town.
Section 7. No traction engine or tractor required to be
registered under this Act, shall be operated upon the public high-ways
unless a number tag is displayed conspicuously in front on
the traction engine or tractor, in such a manner that it may be
easily read. They shall be kept reasonably clean and shall not be
defaced in any manner. No tag shall be required on machinery
and appliances, which, when at rest, are operated by the power
of the engine or tractor drawing them, nor upon water or fuel
wagons.
Section 8. Between one hour after sunset and one hour be-fore
sunrise, each traction engine or tractor operated on the
road shall display one light in front and one light in the rear;
and, if such traction engine or tractor shall have attached there-to
any of the vehicles permitted or allowed by this Act to be
hauled or transported over the streets, roads, or highways of
this State by traction engines, or tractors, there shall be one
light displayed in front of the traction engine or tractor and
52 LAWS OF DELAWARE
MOTOR VEHICLES
one light displayed in the rear of the last vehicle.
Section 9. Traction engines or tractors which are in use at
the time of the passage and approval of this Act, shall be allowed
to continue in operation as they are, including cleats on the
drivers and guide bands on the front wheels; Provided, however,
that no bolt-heads, nuts, or rivet-heads, shall be allowed to pro-ject;
and the use of ice-picks, or spuds of any kind, extending
beyond the cleats, are prohibited on macadamized or paved high-ways.
Traction engines or tractors put into service after the pas-sage
and approval of this Act, shall not exceed twenty-eight
thousand (28,000) pounds in weight, and shall not be of a greater
width than one hundred ten (110) inches over all. On all trac-tion
engines or tractors exceeding eight thousand pounds in
weight, the guiding wheels shall be equipped with guide bands
not less than two (2) inches in width, nor more than one and one-half
(11/2) inches high. The drivers shall be equipped with flat
lugs extending diagonally across the entire width of the tire or
rim, such lugs to be not less than one (1) inch in width at the
bearing surface in contact with the Highway, provided, that such
Jugs are so spaced that not less than two lugs on each driving
wheel shall be in contact with the road's surface at all times.
Traction engines or tractors weighing eight thousand pounds or
less shall be equipped with regular cleats as furnished by the
manufacturers. No bolt-heads, nuts, or rivet-heads shall be al-lowed
to project, and the use of ice-picks or spuds of any kind
extending beyond the cleats is prohibited on macadamized or
paved highways.
The regulations prescribed by this Act, or made by the State
Highway Department in pursuance to its provisions, shall not
permit the owner or operator of any traction engine or tractor
to haul unusual or unreasonable weights, or to use the public
highways in an unusual or unreasonable manner; and shall not
exempt the owners or operators of such engines or tractors from
indictment for nuisance, or prevent the granting of injunctions
against unusual or unreasonable use of the public highways of
the State. Nor shall these regulations relieve the owner or
LAWS OF DELAWARE 68
MOTOR VEHICLES
operator of any traction engine or tractor from liability for dam-ages
to the public highways by reason of the careless, negligent,
reckless, or wanton operation of such traction engine or tractor.
The State Highway Department, upon application in writ-ing,
approved by the local authorities charged with the mainten-ance
of the highways described in the application, may, at its
discretion, grant special permission for the moving of extra-heavy
engines, loads, objects or structures over the public high-ways,
under such regulation as it may prescribe.
Section 10. The Secretary of State, for sufficient reason,
shall have authority to refuse to issue any form of license or
permit to any applicant or to revoke any such license by him
heretofore issued. Provided, however, that upon such refusal
or revocation, such applicant shall have a right of appeal to the
Court of General Sessions of the County in which he resides, but
in the case of revocation such appeal shall not operate as a stay.
Section 11. All vehicles permitted or allowed by thN Act
to be attached to or hauled by traction engines or tractors over
tbe public streets, roads, and highways of this State shall not
exceed a gross maximum weight of ten thousand pounds. Nor
shall the vehicle, including the load thereon, exceed seven hund-red
(700) pounds upon any inch in width of the tire of each
wheel, nor shall any vehicle have an axle load of more than six-teen
thousand (16,000) pounds.
Section 12. Authorized representatives of the State High-way
Department shall have the right to stop vehicles that have
indication of exceeding the prescribed limits of this Act, and
weigh such vehicles, provided, it shall not delay the vehicle more
than thirty minutes at the scales.
Section 13. Whenever it is necessary to operate a vehicle in
excess of the above weight, a special permit shall be obtained
from the State Highway Department; this permit will regulate
the time that the vehicle shall be operated and the owner of such
vehicle shall be liable for any damage done to the State High-way.
54 LAWS OF DELAWARE
MOTOR VEHICLES
Section 14. Any person who shall operate a traction engine
or tractor on any of the streets, roads or highways of this State
while under the influence of intoxicating liquor, shall be deemed
guilty of a nuisance, and shall be subject to such penalties as are
row or hereafter may be made applicable to persons operating
motor vehicles.
Section 15. No traction engine or tractor shall be operated
over the streets, roads or highways of this State at a rate of
speed greater than three miles per hour.
Section 16. When signaled to do so, by the driver of any
horse or other animal of draft or burden, the operator of a trac-tion
engine or tractor shall stop, and, if circumstances require
it, shall stop his engnie until the danger has been avoided. When
overtaken by any other vehicle legally traveling at a greater
speed, the operator or driver of any traction engine or tractor,
when signaled to do so, shall turn reasonably to the right or left
of the center of the highway, allowing the other vehicle free
passage to the right or left.
Section 17. Any person violating any of the provisions of
this Act, shall upon complaint before any Justice of the Peace of
this State, and upon proof of the charge, be subject to a fine of
not less than Ten Dollars ($10.00), nor more than One Hundred
Dollars ($100.00) for the first offense, and not less than Twenty-five
Dollars ($25.00) nor more than Two Hundred Dollars
($200.00) for the second offense and for each subsequent offense,
and in default of said fine shall be imprisoned for a term of not
more than thirty days.
Section 18. All acts or parts of acts inconsistent with this
Act are hereby repealed.
Approved April 27, A. D. 1925.
ni.../AWS Or DELAWARE 50
CHAPTER 23
STATE REVENUE
INCOME TAX
AN ACT to amend Chapter 9 of Volume 32, Laws of Delaware in relation
to the Income Tax.
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met:
Section 1. That Chapter 9 of Volume 32, Laws of Delaware,
be and the same is hereby amended by striking out paragraph
fourth of Section 4 of Article 1 of the said Chapter and by insert-ing
in lieu thereof the following:
"Fourth. Capital losses sustained during the income year
and not compensated for by insurance or otherwise ; except that
deductions for capital losses sustained during the income year
and incurred in the sale, exchange or other disposition of real or
personal property, stocks, bonds or other securities shall be al-lowed
only to the extent of capital gains realized from the sale,
exchange or other disposition of real or personal property,
stocks, bonds or other securities during the said income year."
Section 2. By adding to Section 18 of Article 3 of said Chap-ter
the following:
"All persons, corporations, firms and associations, in what-ever
capacity acting, including lessees or mortgagors of real or
personal property, fiduciaries, and employers, making payment
to another person of interest, dividends, rent, salaries, wages,
premiums, annuities, compensations, remunerations, emolu-ments,
or other fixed determinable gains, profits, and income, of
81,000.00 or more in any taxable year, or, in the case of such pay-ments
made by the State of Delaware or any political subdivision
thereof, including municipal corporations, the officers or em-ployees
of the said State or of any such political subdivision
thereof having information as to such payments, shall render a
true and accurate return to the Tax Department, under such
regulations and in such form and manner as to such an extent
as may be prescribed by the said Tax Department setting forth
56 LAWS OF DELAWARE
INCOME TAX
the amount of any and all such payments made to residents of
the State of Delaware and the names and addresses of the re-cipients
of such payments."
Approved May 14, A. D. 1925.
LAWS OF DELAWARE 57
CHAPTER 24
STATE REVENUE
INCOME TAX
AN ACT to amend an act entitled "An Act to provide Revenue for School
Purposes," being Chapter 9, Volume 32, Laws of Delaware.
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met:
Section 1. That an Act entitled "An Act to provide 'revenue
for school purposes" being Chapter 9, Volume 32, Laws of Dela-ware,
be and the same is hereby amended by striking out para-graph
4, Section 8, Article II of said act and inserting in lieu
thereof a new paragraph to be known as Paragraph 4, Section 8,
Article II of said act.
Paragraph 4. Section 8. Article II. The word "Corpora-tion"
includes joint stock companies but not simple partnerships.
Approved April 9, A. D. 1925.
LAWS OF DELAWARE
CHAPTER 25
STATE REVENUE
INCOME TAX
AN ACT to amend an Act entitled "An Act to Provide Revenue for School
Purposes," being Chapter 9 of Volume 32, Laws of Delaware.
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met:
Section 1. That paragraph 1 of Section 21, of Chapter 9, of
Volume 32, Laws of Delaware, be, and the same is hereby amend-ed
by striking out all of said paragraph 1, Section 21, and insert-ing
in lieu thereof a new paragraph 1 under said Section 21, to
read as follows:
"1. The full amount of the tax payable in excess of the fil-ing
fee of Three Dollars as provided in Second 19 of this Chap-ter,
as the same shall appear from the face of the return, may be
paid to the Tax Department at the office where the return is fil-ed,
at the time fixed by law for filing the return, or the amount
of said tax may be paid in four equal installments, as follows:
One-fourth of the amount at the time fixed for filing the return;
one-fourth of the amount on the Fifteenth day of the third
month after the time fixed for filing the return; one-fourth of
the amount on the Fifteenth day of the sixth month after the
time fixed for filing the return, and one-fourth of the amount on
the Fifteenth day of the ninth month after the time fixed for
filing the return. If any installment is not paid when due, the
whole amount of the tax unpaid shall be paid upon notice and
demand by the Tax Commissioner. If the time for filing the
return shall be extended, interest at the rate of six per centum
per annum, from the time when the return was orginally requir-ed
to be filed, to the date of payment, shall be added and paid.
Approved April 24, A. D. 1925.
LAWS OF DELAVVARE 59
CHAPTER 26
STATE REVENUE
INCOME TAX
AN ACT to amend Chapter 18, Volume 33, Lwas of Delaware relating to
the return to Taxables of Moneys improperly Collected on incomes
accrued during the year 1919.
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met:
That Chapter 18, Volume 33, Laws of Delaware, be and the
same is hereby amended by adding a new section thereto to be
known as Section 2.
Section 2. That no proof of payment as provided for in
Section 1 of this Chapter shall be received by the Treasurer of
this State after June 30, 1925.
Approved April 14, A. D. 1925.
60 LAWS OF DELAWAR.E
CHAPTER 27
STATE REVENUE
MARYLAND AND DELAWARE COAST RAILROAD
AN ACT in regard to Taxes Levied on the Maryland and Delaware Coast
Railroad.
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met:
Section 1. That the Maryland and Delaware Coast Railroad
with steam and gasoline equipment operating in Kent and Sussex
Counties of the State of Delaware shall on and after the passage
of this Act be relieved of all State Taxes, and in lieu of such taxes
as are now imposed by law, the said Maryland and Delaware
Coast Railroad shall pay an annual State tax of One Hundred
Dollars ($100.00) for each of the years 1925 and 1926.
Approved April 14, A. D. 1925.
CHAPTER 28
STATE REVENUE
MARYLAND AND DELAWARE COAST RAILROAD
AN ACT in regard to Taxes Levied on the Maryland and Delaware Coast
Railroad.
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met:
Section 1. That on and after the passage of this Act, the
County Commissioners and Tax Assessors of Sussex County are
hereby authorized and directed to relieve the Maryland and Dela-ware
Coast Railroad from all taxes now levied against said Mary-land
and Delaware Coast Railroad ; and in lieu of such taxes as
are now assessed, the said Maryland and Delaware Coast Rail-road
shall pay to the said County Commissioners and Tax As-sessors
of Sussex County an annual tax of Fifty Dollars ($50.00)
for each of the years 1925 and 1926.
Approved April 20, A. D. 1925.
62 LAWS OF DELAWARE
CHAPTER 29
STATE REVENUE
MARYLAND AND DELAWARE COAST RAILROAD
AN ACT in regard to Taxes Levied on the Maryland and Delaware Coast
Railroad.
Be it enacted bethe Senate and House of Representatives of
the State of Delaware in General Assembly met:
Section 1. That on and after the passage of this Act, the
County Commissioners and Tax Assessors of Kent County are
hereby authorized and directed to relieve the Maryland and Dela-ware
Coast Railroad from all taxes now levied against said Mary-land
and Delaware Coast Railroad; and in lieu of such taxes as
are now assessed, the said Maryland and Delaware Coast Rail-road
shall pay to the said County Commissioners and Tax Asses-sors
of Kent County an annual tax of twenty-five dollars ($25.00)
for each of the years 1925 and 1926.
Approved April 20, A. D. 1925.
LAWS- OF DELAWARE d3
CHAPTER 30
STATE REVENUE
APPROPRIATIONS
AN ACT making appropriations for the Expenses of the State Govern-ment
for each of the two fiscal years ending respectively June 30, 1926
and June 30, 1927.
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met:
Section 1. That the several amounts named in this Act or
so much thereof as may be necessary, are hereby appropriated
and authorized to be paid out of the Treasury of this State to the
respective public officers of the respective departments and
divisions of Government and other specified spending agencies,
subject to the provisions of Section 15, Chapter 26, Volume 32
of the Laws of this State, and for the periods specified ; provided,
however, that all parts or portions of the several sums appro-priated
by this Act which on the first day of July, immediately
following each of the respective fiscal years, shall not have been
paid out of the Treasury, shall revert to the general fund of the
Treasury. The several sums hereby appropriated are as fol-lows,
viz:
For Year
Ending
June 30,
1926
A-1 LEGISLATURE
For Year
Ending
June 30,
1927
For Conference of Committee on Uni-form
Laws $ 250.00 $ 250.00
For Salaries of State Senators.... 10,320.00
For Salaries of State Representatives 21,120.00
For Allowance to Members 13,000.00
For Legislative Supplies 6,000.00
For Printing 12,500.00
For Salaries Attorneys, Clerks, and In-cidentals
15,000.00
For Stamps 1,400.00
For Salary of President of Senate 720.00
64,
For Salary of Chancellor
For Chancellor for Reporting
For Salary of Stenographer
For Travel and Extra Stenographer
For Office Expenses
For Repairs
For Office Equipment
For Books-200 Reports
APPROPRIATIONS
$ 10,200.00
425.00
10.00
65.00
1,600.00
For Salary of Chief Justice $ 7,500.00
For Salaries of Associated Judges 29,000.00
For Salary of Judge for Reporting 200.00
For Salary of Court Stenographer 2,000.00
For .Salary of Clerk of Supreme Court 300.00
For Salaries of Stenographers, Assistants 2,850.00
LAWS OF DELAWARE
$ 250.00 $ 80,910.00
B-1-5 COURT OF CHANCERY
$ 7,500.00 $ 7,500.00
200.00 200.00
2,000.00 2,000.00
500.00 500.00
$ 10,200.00
425.00
10.00
65.00
1,600.00
Total $ 12,300.00 $ 12,300.00
B-6-13 DEPARTMENT OF JUSTICE
$ 7,500.00
29,000.00
200.00
2,000.00
300.00
2,850.00
$ 41,850.00 $ 41,850.00
For Office Expenses 375.00 375.00
For Repairs to Equipment 75.00 75.00
For Judge Harrington's Reports 2,000.00 2,000.00
Total $ 44,300.00 $ 44,300.00
B-14-15-16 PAROLE BOARD
For Salaries of Three Board Members $ 450.00 $ 450.00
For Salary of One Parole Officer 2,400.00 2,400.00
For Telephone Service 600.00
D-1 DEPARTMENT OF ELECTIONS,
For Salary of Secretary, Clerks, etc
For Salaries of Board Members
BOARD OF PARDONS
$ 200.00 $ 200.00
WILMINGTON, DELAWARE
...$ 1,200.00 $ 1,200.00
1,250.00 1,250.00
LAWS OF DELAWARE 65
APPROPRIATIONS
For Salary of Extra Clerk 75.00 75.00
$ 2,925.00 $ 2,925.00
For Office Expense 300.00 300.00
For Travel of Officers 500.00 500.00
For Office Equipment 125.00 125.00
Total $ 3,850.00 $ 3,850.00
B-19 JUVENILE COURT
For Salaries, Maintenance $ 2,000.00 $ 2,000.00
C-1-6 EXECUTIVE
For Salary of the Governor $ 4,000.00 $ 4,000.00
For Contingent Fund 3,500.00 3,500.00
$ 7,500.00 $ 7,500.00
For Governor's Conference 250.00 250.00
For Portrait of Governor 500.00
For Printing and Compiling Budget 3,500.00
$ 750.00 $ 3,750.00
For Salary of Lieutenant Governor....$
For Witness Fees
For Traveling Expenses, Witnesses
100.00
40.00
60.00
$ 100.00
40.00
60.00
$ 2,450.00 $ 2,450.00
For Office Expense 150.00 150.00
Total $ 2,600.00 $ 21600.0
66 LAWS OF DELAWARE
APPROPRIATIONS
D-2 LEVY COURTS
For Salaries of Registrars and Assistants $ 30,000.00
E-1-9 LEGAL ATTORNEY GENERAL'S DEPARTMENT
For Salary of Attorney General $
For Salary of Chief Deputy
For Salary of Deputy, New Castle County
For Salary of Deputy, Kent County
For Salary of Deputy, Sussex County
For Salary of State Detectives
For Collecting Franchise Tax Void-
Charters
For Contingent Fund, Special Services.
For Office ExpenseDepartmental .
For Travel
For Operation
For RepairsFurniture and Fixtures.
For Office Equipment
Total $ 24,575.00 $ 24,575.00
REQUISITION FUND EXPENSES
F-1-2 AUTOMOBILE TITLING DEPARTMENT
For Salary of Chief Titling Officer
For Salary of Clerk
For Salary of Automobile Inspectors
For Mileage of Automobile Inspectors.
3,600.00 $ 3,600.00
1,500.00 1,500.00.
1,500.00 1,500.00
1,000.00 1,000.00
1,000.00 1,000.00
5,600.00 5,600.00
1,000.00 1,000.00
4,175.00 4,175.00
$ 19,375.00 $ 19,376.00
1,065.00 1,065.00
2,500.00 2,500.00
1,510.00 1,510.00
25.00 25.00
100.00 100.00
1,800.00 $ 1,800.00
1,200.00 1,200.00
1,800.00 1,800.00
1,500.00 1,500.00
Total $ 6,300.00 $ 6,300.00
For Fees and Affidavits 100.00 $ 100.00
For Office Supplies, Postage & Telephone 50,00 50.00
For Traveling Expense 850.00 850.00
$ 1,000.00 $ 1,000.00
LAWS OF DELAWARE 67
APPROPRIATIONS
F-5-8 SECRETARY OF STATE
STATE TREASURER, INCOME TAX REFUND
For Salary of Secretary of State ..... ..$ 4,000.00 $ 4,000.00
For Salary of Chief Clerk 2,000.00 2,000.00
For Salaries of Assistant Clerks 3,000.00 3,000.00
For Contingent Fund Salaries 16,000.00 16,000.00
$ 26,000.00 $ 25,000.00
For Office Expenses 3,525.00 3,525.00
For Repairs to Office Equipment 400.00 400.00
For Office Equipment 75.00 75.00
Total $ 29,000.00 $ 29,000.00
F-9-11 STATE TREASURER
For Salary of State Treasurer $ 3,500.00 $ 3,500.00
For Salary of Deputy 1,800.00 1,800.00
For Salary of Clerk 600.00 600.00
$ 5,900.00 $ 5,900.00
For Office Expenses 505.00 505.00
For Travel of Officers 20.00 20,00
For Office Equipment 75.00 75.00
Total $ 6,500.00 $ 6,500.00
For 1919 Tax Refund Indefinite $ 300.00 $ 200.00
STATE TREASURER, EMERGENCY FUND
For Printing and Stationery $ 1,405.00 $ 1,405.00
For Advertising 1,070.00 1,070.00
$ 2,475.00 $ 2,475.00
For Travel of Officers 25.00 25.00
Total $ 2,500.00 $ 2,500.00
68 LAWS OF DELAWARE
APPROPRIATIONS
F-13-16 STATE AUDITOR
For Salary of State Auditor $ 3,600.00 $ 3,600.00
For Salary of State Auditor, Deputy 1,800.00 1,800.00
For Salary of Bookkeepers, Stenographers,
etc. 5,700.00 5,700.00
For Extra Accounting Services 3,000.00 5,000.00
For Office Expense
For Travel of Officers
For Office Equipment
$ 14,100.00 $ 16,100.00
485.00 485.00
200.00 200.00
615.00 615.00
Total $ 15,400.00 $ 17,400.00
F-17-18 STATE REVENUE COLLECTOR
For Salary of State Revenue Collector. .$ 1,800.00 $ 1,800.00
For Office Expense 100.00 100.00
For Travel of Officers 500.00 500.00
$ 2,400.00 $ 2,400.00
F-19-21 INSURANCE COMMISSIONER
For Salary of Insurance Commissioner..$ 3,500.00 $ 3,500.00
For Salary of Clerk
For Office Expenses
For Travel of Officers
For Salary of Oyster Revenue Collector.$
For Salaries of Crew of Watch Boat....
For Office Expenses
For Travel of Officers
1,200.00 1,200.00
811.12 811.12
188.88 188.88
$ 5,700.00 $ 5,700.00
F-22-24 OYSTER REVENUE COLLECTOR
960.00 $ 960.00
3,240.00 3,240.00
20.00 20.00
80.00 80.00
Total $ 4,300.00 $ 4,300.00
LAW s OF DtLAwAitt
For Salary of Tax Commissioner
For Salary of Income Tax Deputy
For Salary Corporation Tax Deputy
For Salaries Assistants and Field Agents
For Salaries Clerks and Stenographers
For Contingent Fund Salaries
$ 30,500.00 $ 30,500.00
For Office Expenses 8,300.00 8,300.00
For Travel 1,200.00 1,200.00
For Salaries of Assessors
APPROPRIATIONS
F-25-31 STATE TAX COMMISSIONER
4,000.00 $ 4,000.00
3,000.00 3,000.00
3,000.00 3,000.00
11,000.00 11,000.00
5,500.00 5,500.00
4,000.00 4,000.00
$ 40,000.00 $ 40,000.00
F-32 ASSESSORS
$ 850.00 $ 850.00
F-32a REGISTER OF WILLS
For Salary of Register of New Castle
County 400.00 $ 400.00
For Salary of Register of Kent County. 200.00 200.00
For Salary of Register of Sussex County 200.00 200.00
$ 800.00 $ 800.00
F-33-37 STATE BANKING COMMISSIONER
For Salary of Banking Commissioner. .$ 3,600.00 $ 3,600.00
For Salary of Deputy 2,400.00
For Salary of Clerk 1,800.00
2,400.00
1,800.00
For Salaries of Extra Clerks and Steno-graphers
2,300.00 2,300.00
$ 10,100.00 $ 10,100.00
For Office Expenses 2,200.00 2,200.00
For Travel of Officers and Employes 3,000.00 3,000.00
For Office Equipment 600.00 600.00
$ 15,900.00 $ 15,900.00
70 LAWS OF DELAWARE
APPROPRIATIONS
G-1-9 DEBT SERVICE
OFFICE OF STATE TREASURER
INTEREST PAYMENTS
For Interest payment, Certificate of In-debtedness,
University of Delaware.$ 4,980.00
For Interest payment, Certificate of In-debtedness,
School Fund 10,727.10
For Farmers' Bank, Dover, 1907 Issue 9,200.00
For Farmers' Bank, Wilmington, 1907
Issue 1,600.00
For Sinking Fund, 1907 Issue 800.00
For Philadelphia National Bank, 1897
Issue 7,350.00
For Farmers' Bank, Wilmington, Farn-hurst
Bonds 1,600.00
For Farmers' Bank, Wilmington, Wom-en's
College 3,400.00
$ 4,980.00
10,727.10
9,200.00
1,600.00
800.00
7,350.00
1,500.00
3,200.00
Total Interest $ 39,657.10 $ 39,357.10
REDEMPTION OF BONDS
For Women's College Bonds $ 5,000.00 $ 5,000.00
For Hospital Improvement Bonds 5,000.00
Total Bond Redemption $ 5,000.00 $ 10,000.00
H-1. STATE HEALTH AND WELFARE COMMISSION
For Salaries, Miscellaneous $ 6,200.00 $ 6,200.00
For Office Expenses 1,550.00 1,550.00
For Travel of Officers 250.00 250.00
For Operation 300.00 300.00
For Equipment 200.00 200.00
$ 8,500.00 $ 8,500.00
BUREAU OF VITAL STATISTICS
For Salaries, Miscellaneous $ 1,500.00 $ 1,500.00
LAWS OF DELAWARB 71
For Office Expenses $ 500.00 $ 500.00
PATHOLOGICAL AND BACTERIOLOGICAL
APPROPRIATIONS
$ 2,000.00 $ 2,000.00
LABORATORY
For Salaries, Miscellaneous $ 7,000.00 $ 7,200.00
For Office Expenses 650.00 550.00
For Travel of Officers 75.00 50.00
For Operation 1,275.00 1,100.00
For Repairs to Equipment 20.00 10.00
For Equipment 480.00 90.00
$ 9,500.00 $ 9,000.00
For Operation $ 3,000.00
VENEREAL DISEASES
$ 2,000.00
For Salaries, Miscellaneous $ 1,200.00 $ 1,200.00
For Office Expense 250.00 250.00
For Operation 500.00 500.00
For Equipment 50.00 50.00
$ 2,000.00 $ 2,000.00
MEDICAL COUNCIL OF DELAWARE
For Salaries of Members $ 300.00 $ 300.00
EXPENSES OF WHITE CONSUMPTIVES
For Salaries, Miscellaneous $ 13,200.00 $ 13,200.00
For Office Expenses 1,296.00 1,296.00
For Travel 300.00 300.00
For Operation 5,175.00 5,175.00
STATE HEALTH AND WELFARE COMMISSION
CONTINUED
DIPHTHERIA ANTITOXIN
72 LAWS OF DELAWARE
APPROPRIATIONS
For Repairs $ 29.00 $ 29.00
For Salaries, Miscellaneous $ 20,104:00
For Office Expenses 2,482.00
For Travel 554.00
For Operation 1,350.00
For Repairs and Replacements 310.00
For Equipment-Furniture and Fixtures 200.00
$ 20,000.00 $ 20,000.00
EDGEWOOD SANATORIUM
For Salaries, Miscellaneous $ 5,000.00 $ 5,000.00
For Office Expense 165.00 165.00
For Travel 25.00 25.00
For Operation 6,490.00 6,490.00
For Repairs to Building and Equipment 275.00 275.00
For Miscellaneous Equipment 45.00 45.00
$ 12,000.00 $ 12,000.00
BRANDYWINE SANATORIUM
For Salaries, Wages, Office Expenses,
Travel, Operation, Repairs and
Equipment $ 40,000.00 $ 40,000.00
CHILD WELFARE COMMISSION
$ 20,104.00
2,482.00
554.00
1,350.00
310.00
200.00
$ 25,000.00 $ 25,000.00
STATE BOARD OF PHARMACY
For Salaries, Miscellaneous $ 200.00 $
For Office Expenses 50.00
200.00
50.00
Total $ 250.00 $ 250.00
DENTISTRY AND DENTAL SURGERY
For Salary of Secretary $ 210.00 $ 210.00
LAWS OF DELAWARE
APPROPRIATIONS
For Office Expenses $ 60.00 $ 60.00
For Travel 30.00 30.00
Total $ 300.00 $ 300.00
PUBLIC WELFARE, GOVERNOR
Indigent Deaf, Dumb, Blind and Idiotic
Children
For Board and Tuition $ 15,000.00 $ 15,000.00
1-2 STATE BOARD OF CHARITIES
For Salary of Secretary $ 1,800.00 $ 1,800.00
For Contingent Fund
For Salaries, Miscellaneous
For Office Expenses
For Travel of Officers
For Operation
For Miscellaneous Repairs
For Miscellaneous Equipment
For Permanent Improvements
600.00 600.00
Total $ 2,400.00 $ 2,400.00
1-6-7 DELAWARE STATE HOSPITAL
$ 68,790.00 $ 71,450.00
2,040.00 2,330.00
450.00 495.00
102,895.00 108,350.00
13,280.00 14,435.00
8,770.00 9,000.00
53,000.00
Total $249,225.00 $206,060.00
I-9-12 MOTHER'S PENSION COMMISSION
For Salaries, Miscellaneous $ 4,600.00 $ 4,600.00
For Office Expenses 300.00 300.00
For Travel $ 2,100.00 $ 2,100.00
DONATIONS
New Castle County $ 19,500.00 $ 19,500.00
Kent County 5,500.00 5,500.00
74 LAWS OF DELAWARE
APPROPRIATIONS
Sussex County $ 8,000.00 $ 8,000.00
Total $ 40,000.00 $ 40,000.00
X-1 INDUSTRIAL SCHOOL FOR COLORED GIRLS
For Salaries, Miscellaneous
For Operation
For Repairs
Total $ 10,000.00 $ 10,000.00
1-18-19 DELAWARE COMMANDER, G. A. R.
For Burial of Indigent Soldiers and Sail-ors
$ 1,500.00 $ 1,500.00
For Observance of Memorial Day 1,000.00 1,000.00
For Salaries, Miscellaneous
For Office Expenses
For Travel of Officers
For Operation
For Repairs and Replacements
For Permanent Improvements
$ 6,800.00 $ 6,800.00
1,700.00 1,700.00
1,500.00 1,500.00
Total $ 2,500.00 $ 2,500.00
IX FERRIS INDUSTRIAL SCHOOL
$ 16,000.00 $ 16,000.00
700.00 700.00
400,00 400.00
8,900,00 8,900.00
3,000,00 3,000.00
1,000.00 1,000.00
Total $ 30,000.00 $ 30,000.00
1-20 DELAWARE COMMISSION FOR THE I3LIND
For Salaries, Miscellaneous $ 245.00 $ 245.00
For Office Expenses 373.84 373.84
For Operation 3,588.02 3,588.02
For Working Capital, Miscellaneous Ma-
Total $ 10,000.00 $ 10,000.00
terials 5,000.00 5,000.00
For Repairs 770.00 770.00
For Equipment 15.00 15.00
LAWS OF DELAWARg '75
APPROPRIATIONS
1-21 DELAWARE COMMISSION FOR THE FEEBLE-MINDED
1-22 DELAWARE COMMISSION FOR THE FEEBLE-MINDED
For Building and Equipping a Laundry. $ 8,000.00 $ 8,000.00
1-23 DELAWARE SOCIETY FOR CRUELTY TO ANIMALS
For Donation $ 500.00 $ 500.00
J-6 STATE DEPARTMENT OF PUBLIC INSTRUCTION
For Interest on Bonded Indebtedness
For Redemption of Bonds at Maturity
J-7 UNIVERSITY OF DELAWARE
For Salaries and Wages $118,600.00
For Office Expense 1,750,00
For Operation 24,500.00
For Repairs and Replacements 6,000.00
For Equipment 1,150.00
$118,600,00
1,750.00
24,500.00
6,000.00
1,150.00
Total $152,000.00 $152,000.00
CHAIR OF HISTORY
For Salaries and Wages $ 2,500.00 $ 2,500.00
SUMMER SCHOOL FOR TEACHERS
For Salaries and Wages $ 6,000.00 $ 6,000.00
For Salaries, Miscellaneous $ 14,800.00 $ 14,800.00
For Office Expenses 400.00 400.00
For Travel 250.00 250.00
For Operation 14,750.00 14,750.00
For Repairs 500.00 500.00
For Equipment 1,300.00 1,300.00
For Permanent Improvements 3,000.00 3,000.00
Total $ 35,000.00 $ 35,000.00
U. S. GOVT. APPROPRIATION MORRILL AND NELSON FUND
J-14-15-16-17 STATE COLLEGE FOR COLORED STUDENTS
For Instruction Salaries $ 40,000.00 $ 40,000.00
AGRICULTURE FARM AND EQUIPMENT STATION
For Salaries and Wages $ 13,000.00 $ 13,000.00
For Office Expenses 700.00 700.00
For Travel 300.00 300.00
For Operation 3,300.00 3,300.00
For Repairs and Replacements 1,200.00 1,200.00
Total $ 18,500.00 $ 18,500.00
POULTRY AND ENTOMOLOGY
For Salaries and Wages $ 4,000.00 $ 4,000.00
For Office Expense 250.00 250.00
For Travel 1,000.00 1,000.00
For Operation 750.00 750.00
Total $ 6,000.00 $ 6,000.00
For Salaries and Wages $ 10,741.56 $ 10,741.56
FARMERS' SHORT COURSE
For Salaries and Wages 300.00 $ 300.00
For Office Expense 165.00 165.00
For Travel 410.00 410.00
For Operation 125.00 125.00
Total $ 1,000.00 $ 1,000.00
For Salaries $ 11,000.00 $ 11,000.00
For Office Expenses 650.00 650.00
For Travel 200.00 200.00
76 LAWS OF DELAWARE
APPROPRIATIONS
SMITH-LEVER AGRICULTURAL EXTENSION
LAWS OF DELAWARE Tr
APPROPRIATIONS
UNITED STATES GOVT. APPROPRIATION
MORRILL AND NELSON FUND
K-2 PENINSULA HORTICULTURAL SOCIETY
STATE BOARD OF AGRICULTURE, CONTINUED
K-3 ANALYZING FERTILIZER AND FEEDS
For alaries and Wages $ 8,500.00 $ 8,500.00
For Salaries $ 9,000.00 $ 9,000.00
For Text Books and Supplies 500.00 500.00
For Shop Supplies 500.00 500.00
.Total $ 31,000.00 $ 31,000.00
K-1 STATE BOARD OF AGRICULTURE
For Salaries 7,080.00 $ 7,080.00
For Office Expenses 300.00 300.00
For Travel 1,906.00 1,906.00
For Operation 620.00 620.00
For Equipment 94.00 94.00
Total $ 10;000.00 $ 10,000.00
For Salaries, Miscellaneous 325.00 $ 325.00
For Office Expenses 50.00 50.00
For Travel 125.00 125.00
For Operation, Prizes 500.00 500.00
Total $ 1,000.00 $ 1,000.00
For Operation $ 4,150.00 $ 4,150.00
For Equipment 1,500.00 1,500.00
For Improvements 1,000.00 1,000.00
For Salaries and Maintenance 2,500.00 2,500.00
$ 21,000.00 $ 21,000.00
78 LAWS OF DELAWARE
APPROPRIATIONS
For Office Expenses
For Travel
For Operation
For Repairs
For Equipment
430.00 $ 430.00
200.00 200.00
630.00 630.00
25.00 25.00
215.00 215.00
Total $ 10,000.00 $ 10,000.00
K-4 CONTROLLING DISEASES OF LIVE STOCK
K-8 TUBERCULOSIS, CATTLE, ERADICATION
For Salaries and Wages of Veterinar-ians
$ 4,200.00 $ 4,200.00
For Salaries, Miscellaneous $ 3,550.00 $ 3,550.00
For Travel of Consulting Vetenarians .. 100.00 100.00
For Operation 1,350.00 1,350.00
Total 5,000.00 $ 5,000.00
'K-6 BUREAU OF MARKETS
For Salaries and Wages 4,720.00 $ 4,720.00
For Office Expense 1,200.00 1,200.00
For Travel 800.00 800.00
For Operation 600.00 600.00
For Miscellaneous Equipment 180.00 180.00
Total $ 7,500.00 $ 7,500.00
K-7 POULTRY DISEASES
For Salaries and Wages $ 2,800.00 $ 2,800.00
For Office Expenses 25,00 25.00
For Travel of Inspectors 1,600.00 1,600.00
For Operation 400.00 400.00
For Laboratory Equipment 175.00 175.00
Total $ 5,000.00 $ 5,000.00
L-1-2-3-4 LABOR COMMISSION OF DELAWARE
LAWS OF' DELAWARE 79
APPROPRIATIONS
For Travel of Veterinarians $ 1,200.00 $ 1,200.00
For Veterinarian Supplies 300.00 300.00
For Automobile Repairs and Supplies .. 500.00 500.00
For Cattle Indemnities 33,800.00 33,800.00
Total $ 40,000.00 $ 40,000.00
K-9 CORN SHOW
For Operation, Prizes $ 500.00 $ 500.00
K PLANT PATHOLOGIST
For Salary of Plant Pathologist $ 3,000.00 $ 3,000.00
For Travel of Officers 2,000.00 2,000.00
Total $ 5,000.00 $ 5,000.00
K EGG-LAYING COMPETITION
For Salaries and Wages $ 2,190.00 $ 2,190.00
For Operation 460.00 460.00
For Repairs and Replacements 325.00 325.00
For Equipment 25.00 25.00
$ 3,000.00 $ 3,000.00
For Salary of Child Labor Inspector. ....$ 2,100.00 $ 2,100.00
For Salary Ten-Hour Law Inspector.... 1,500.00 1,500.00
For Salary of Secretary to Commiss-ioner
100.00 100.00
For Salary of Clerk Contingent Fund... 1,200.00 1,200.00
For Physician Fees, Contingent Fund.. 370.00 370.00
For Office Expenses 1,370.00 1,370.00
For Travel 560.00 560.00
For Office Equipment 100.00 100.00
Total $ 7,300.00 $ 7,300.00
80 JAWS OF DELAWARE
APPROPRIATIONS
M-5 BATTERY HEADQUARTERS AND BANDS
For Companies, Band and Headquarters. $ 7,500.00 $ 7,500.00
M-6 CLOTHING ALLOWANCE TO OFFICERS
For Operation, Wearing Apparel $ 1,250.00 $ 1,250.00
M-7 NATIONAL GUARD, ADJUTANT GENERAL,
EMERGENCY FUND
For Emergency Fund $ 2,000.00 $ 2,000.00
N-2 NEW CASTLE COUNTY ROAD ENGINEER
For Salary of Road Engineer $ 1,000.00 $ 1,000.00
0-1-4 STATE LIBRARIAN
For Salary of State Librarian $ 1,500.00 $ 1,500.00
M-1-2-3 NATIONAL GUARD ADJUTANT GENERAL,
STATE ARMORY, WILMINGTON
For Salary of Adjutant General $ 1,600.00 $ 1,600.00
For Clerk Hire 3,000.00 3,000.00
For Miscellaneous Salaries 2,315.65 2,315.65
For Office Expenses 1,198.56 1,198.56
For Travel of Officers and Employes. 887.30 887.30
For Operation 1,379.61 1,379.61
For Miscellaneous Repairs 138.18 138.18
For Miscellaneous Equipment 80.70 80.70
Total $ 10,600.00 $ 10,600.00
M-4 STATE RIFLE RANGE
For Salaries and Wages $ 1,620.00 $ 1,620.00
For Operation 200.00 200.00
For Miscellaneous Repairs 90.00 90.00
For Miscellaneous Equipment 90.00 90.00
Total $ 2,000.00 $ 2,000.00
'LAWS OF DELAWARE Si
APPROPRIATIONS
For Salary of Assistant Librarian
For Office Expenses
For Equipment, Law Books
Total $ 3,038.00 $ 3,038.00
0-5 STATE LIBRARY COMMISSION
For Salaries and Wages $ 3,400.00 $ 3,400.00
For Office Expenses 382.00 382.00
For Travel 800.00 800.00
For Operation 218.00 218.00
For Miscellaneous Repairs 200.00 200.00
For Equipment, Books and Furniture 1,000.00 1,000.00
Total $ 6,000.00 $ 6,000.00
0-6 FREE LIBRARIES
DONATIONS
For Rehoboth Free Library $ 37.50 $ 37.50
For Dover Free Library 250.00 250.00
For Corbit Free Library 50.00 50.00
Total $ 337.50 $ 337.50
0-7 STATE FEDERATION OF CLUBS
For Equipment, Books $ 100.00 $ 100.00
P-1 HISTORICAL RECORDS, PUBLIC ARCHIVES COMMISSION
For Salary of Secretary $ 2,000.00 $ 2,000.00
For Salaries of Clerks 1,350.00 1,350.00
For Travel of Officers 125.00 125.00
For Repair to Books 25.00 25.00
$ 960.00 $ 960.00
78.00 78.00
500.00 500.00
Total $ 3,500.00 $ 3,500.00
82 LAWS OF DELAWARE
APPROPRIATIONS
COMPILING AND PUBLICATION
For Salaries of Clerks $ 1,950.00 $ 1,950.00
For Travel of Officers 50.00 50.00
Total $ 2,000.00 $ 2,000.00
P-3 HISTORICAL SOCIETY OF DELAWARE
For Office Expense $ 300.00 $ 300.00
For Equipment, Purchase of State
Papers 500.00 500.00
Total $ 800.00 $ 800.00
Q-4 CARE OF STATE PROPERTY STATE LIBRARIAN, CONTINUED
FIRE INSURANCE ON ALL STATE PROPERTY
There shall not be any renewal of old
policies or new insurance placed
without the approval of the Gover-nor
and State Auditor with the In-surance
Commissioner of Fire In-surance
on all State Property $ 16,000.00 $ 16,000.00
Q-5 STATE BOARD OF REPAIRS
For Repairs and Replacements, Build-ings
$ 5,000.00 $ 5,000.00
Q-1-2-3 CARE OF STATE PROPERTY STATE LIBRARIAN
For Salary of Janitor $ 900.00 $ 900.00
Fro Salaries of Three Assistant Janitors 2,520.00 2,520.00
For Miscellaneous Salaries 700.00 700.00
For Office Expenses 1,160.00 1,160.00
For Operation 5,362.00 5,362.00
For Miscellaneous Repairs 350.00 350.00
For Office Equipment 90.00 90.00
Total $ 11,082.00 $ 11,082.00
LAWS OF DELAWARE 83
APPROPRIATIONS
Q-6 PUBLIC LAND COMMISSION
For Salaries, Miscellaneous $ 250.00 $ 250.00
R-1-2 BOARD OF GAME AND FISH COMMISSIONERS
For Salary of Chief Game and Fish
Warden $ 600.00 $ 600.00
For Propagation of Fish and Game 400.00 400.00
Total $ 1,000.00 $ 1,000.00
S-1 GENERAL
For Premiums on Bonds of State Officers
and Employes $ 400.00 $ 2,700.00
S-2 BOARD OF STATE SUPPLIES
GENERAL-ALL STATE DEPARTMENTS
For Stationery, Printing Supplies $ 40,000.00 $ 40,000.00
For Salaries Board Members $ 2,000.00 $ 2,G00.00
For Salary of Secretary 2,000.00 2,000.00
For Salaries, Clerks 1,650.00 1,650.00
$ 5,650.00 $ 5,650.00
For Office Expenses 170.00 170.00
For Travel of Officers 100.00 100.00
For Office Equipment 80.00 80.00
Total $ 6,000.00 $ 6,000.00
Approved May 1, A, D. 1925,
84 LAWS OF DELAWARE
CHAPTER 31
STATE REVENUE
APPROPRIATIONS
AN ACT making Appropriations for the School Budget for the School
Years beginning respectively July 1, 1925, and July 1, 1926, and ending
respectively June 30, 1926, and June 30, 1927.
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met:
Section 1. There is hereby appropriated the sum of Two
Million Four Hundred Thousand Dollars ($2,400,000.00) for the
School Budget hereinafter described for the school year begin-ning
July 1, 1925, and ending June 30, 1926, and there is hereby
further appropriated the sum of Two Million Four Hundred
Thousand Dollars ($2,400,000.00) for the said School Budget
for the school year beginning July 1, 1926, and ending June 30,
1927, and the amount hereby appropriated for each of the said
years shall be paid by the State Treasurer out of any moneys
which shall accrue to the State Treasury for school purposes
from any sources so designated by law, providel that if the rev-enue
derived from the said sources shall at any time be insuf-nt
to supply the fund appropriated by this Section the de-ficiency
or deficiencies shall be made from time to time out of
the general fund by way of advances and the amount so ad-
-anced out of the general shall be repaid to the general fund
from time to time as moneys, if any, shall be available for this
purpose from the several items of the said school revenues.
Section 2. That the State Treasurer is hereby directed to
pay the amounts appropriated in this Act on warrants of the
State Board of Education as provided in Chapter 160, Volume
32, Laws of Delaware, as amended, with the following further
restrictions:
"General Control" not more than Four and Two-tenths per con-turn,
"Instruction" not less than Seventy-three and Five-tenths per
centurn,
LAWS OF DELAWARE 85
APPROPRIATIONS
"Operation" not more than Nine per centum,
"Maintenance & Upkeep" not more than Four and Three-tenths
per centum,
"Auxiliary Agencies" not more than Five and Five-tenths per
centum,
"Fixed Charges" not more than One per centum,
"Capital Outlay" not more than Two and Five-tenths per cell,
turn,
"Debt Service" no part of the total,
"Americanization of Foreign Born and Education of Native
Born Illiterate Persons" not less than $25,000.00,
"For matching the Appropriation of the Federal Government
for Smith-Hughes Vocational Education" not less than $20,-
000.00,
"For Scholarships in Teacher Training" not more than $12,-
000.00.
Section 3, The term "General Control" as used in Section
2 shall include the following expenditures:
Salaries and expenses of members of the State Board
of Education and the expenses of the business office.
Salaries of Superintendents and their traveling ex-penses
and the administrative part of the salaries of Superin-tendents
of Special Districts.
Compulsory attendance and school census.
School election expenses.
The term "Instruction" as used in Section 2 shall inclule
the following expenditures:
The Supervisional part of salaries of Superintendents
and Supervisors and their expenses.
Salaries of Principals and Teachers.
Textbooks and professional books for teachers.
86 LAWS OF DELAWARE
APPROPRIATIONS
Supplies and other materials for instruction.
Tuition paid to other boards.
Other instructional costs including summer schools.
The term "Operation" as used in Section 2 shall include all
expenditures for janitors and engineers, fuel, water, light and
power, care of grounds, rent, supplies and other operating ex-penses.
The term "Maintenance and Upkeep" shall include all ex-penditures
for the upkeep of grounds, repair of buildings, re-pair
and replacement or equipment, repair and replacement of
apparatus, and other maintenance.
The term "Auxiliary Activities" shall include all expendi-tures
for transportation of pupils, libraries, for promotion of
health and for other Auxiliary Activities.
The term "Fixed Charges" Shall include all expenditures
for insurance.
The term "Capital Outlay" shall include all expenditures
for grounds, new buildings and alterations (other than re-pairs),
new equipment and apparatus.
Approved April 24, A. D. 1925.
LAWS OF DELAWARE 87
CHAPTER 32.
STATE REVENUE
APPROPRIATIONS
AN ACT to provide for an emergency in the School Budget by a loan from
the General Fund to the School fund.
WHEREAS, Section 3, Chapter 23, Volume 33, Laws of Dela-ware,
appropriates in addition to the regular amount of Two Mil-lion
Dollars for the maintenance of Public Schools in the State for
the school year beginning July 1, 1924, and ending July 1, 1925,
the further sum of Three Hundred Thousand Dollars if the
sources of school revenue should produce that much additional;
and
WHEREAS, It appears that the Schools of the State will need,
to pay teachers salaries, an additional amount of approximately
$50,000; and
. WHEREAS, The figures in the office of the Tax Commissioner
would indicate that the school revenue for said school year, if
collected, will product: the said $50,000 additional; now therefore
Be it enacted by the r-lenate and House of Representatives of
the State of Delaware in General Assembly met:
Section 1. That Chapter 23, Volume 33, Laws of Delaware,
be and the same is hereby amended by adding to Section 3 there-of
the following:
"The State Treasurer is hereby authorized and directed to
credit to the School Fund by way of an advance in anticipation
of the said Three Hundred Thousand Dollars, for the school year
beginning July 1, 1924, and ending June 30, 1925, the sum of
Fifty Thousand Dollars, or as much thereof as may be needed,
and the amount so advanced out of the general fund shall be re-paid
to the general fund as provided in Section 1 of this Act."
Approved April 20, A. D. 1925.
88 LAWS OF DELAWARE
CHAPTER 33
STATE REVENUE
APPROPRIATIONS
AN ACT to Appropriate Funds to pay certain Bonds, Notes and Mortgages
of School Districts.
WHEREAS, Chapter 167, Volume 30, Laws of Delaware, vest-ed
the title to all school property, outside of Special Districts. and
City of Wilmington, in the County Boards of Education which
were created by said Act; and
WHEREAS, The said County Boards at that time took over
the assets and assumed the liabilities of the Boards of Trustees
of the School Districts which existed prior to June 30, 1919, said
liabilities including certain bonds, notes and mortgages repre-senting
moneys raised for the building of school houses; and
WHEREAS, Chapter 160, Volume 32, Laws of Delaware, pro-vided
that the State Board of Education should assume the said
titles, assets, and liabilities, including the said bonds, notes and
mortgages of the said County Boards of Education, which said
Chapter 160, Volume 32, Laws of Delaware, abolished; and
WHEREAS, In the school budgets for the years beginning
July 1, 1921, and July 1, 1922, the General Assembly appropriated
funds for the payment of the interest and maturing principal of
said debts ; and
WHEREAS, In the school budgets for the years beginning
July 1, 1923, and July 1, 1924, the General Assembly made no
provision for interest or principal ; now, therefore
Be it enacted by the Sen

LAWS
OF THE
STATE of DELAWARE
PASSED AT THE
ONE HUNDREDTH SESSION
Of The GENERAL ASSEMBLY
COMMENCED AND HELD AT DOVER
On Tuesday, January 6th, A. D. 1925
AND
IN THE YEAR OF THE INDEPENDENCE OF THE UNITED
STATES THE ONE HUNDREDTH AND FORTY- NINTH
VOLUME XXXIV
PRESS OF
THE INDEX PUBLISHING CO.
DOVER, DELAWARE